Corporations Act 2001
Note: See section 600K .
PART 1 - INTRODUCTION Division 5 - Definitions Subdivision B - The Dictionary CLAUSE 5-5 5-5 THE DICTIONARYIn this Schedule:
adequate and appropriate fidelity insurance
has a meaning affected by subsection
25-1(2)
.
adequate and appropriate professional indemnity insurance
has a meaning affected by subsection
25-1(2)
.
administration account
: see section
65-5
.
annual administration return
means the return required to be lodged under subsection
70-5(3)
.
annual liquidator return
means the return required to be lodged under subsection
30-1(1)
.
approved form
: a document is lodged in the
approved form
if it is lodged in accordance with section
100-6
.
committee of inspection
for a company means:
(a) a committee appointed under sections 80-10 to 80-25 in relation to the external administration of the company; or
(b) a committee that is taken to be a committee of inspection in relation to the external administration of the company under subsection 80-26(3) (the company is a member of a pooled group).
creditor
, when used in relation to a company under external administration, means a creditor of the company.
current conditions
: see section
5-10
.
end of administration return
means the return required to be lodged under subsection
70-6(2)
.
end of an external administration
of a company means:
(a) in relation to a company under administration - the day worked out under paragraph 435C(1)(b) ; and
(b) in relation to a company subject to a deed of company arrangement - the day the deed is terminated; and
(ba) in relation to a company under restructuring - the day worked out under regulations made for the purposes of paragraph 453A(b) ; and
(bb) in relation to a company subject to a restructuring plan - the day the plan is terminated; and
(c) in the case of a winding up of a company - the day on which the affairs of the company are fully wound up.
external administration
of a company: see section
5-15
.
external administrator
of a company: see section
5-20
.
financial interest
: a person has a
financial interest
in the external administration of a company in the circumstances set out in section
5-30
.
GST
has the same meaning as in the
A New Tax System (Goods and Services Tax) Act 1999
.
Insolvency Practice Rules
means the rules made by the Minister under section
105-1
.
Insolvency Practice Schedule (Bankruptcy)
means Schedule 2 to the
Bankruptcy Act 1966
, and includes rules made under section 105-1 of that Schedule.
March quarter
means the period of 3 months beginning on 1 January.
maximum default amount
for an external administrator of a company: see section
60-15
.
member of a pooled group
: see section
5-27
.
pooled group
: see section
5-27
.
prescribed
means prescribed by the Insolvency Practice Rules.
property
has a meaning affected by section
5-26
.
registered liquidator
means an individual who is registered as a liquidator under Part
2
of this Schedule.
Register of Liquidators
means the register established and maintained by ASIC under section
15-1
.
[ CCH Note: Definition of " Register of Liquidators " will be repealed by No 69 of 2020, s 3, Sch 1[1316] (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
related entity
, in relation to an individual, has the same meaning as in the
Bankruptcy Act 1966
.
remuneration determination
, for an external administrator of a company, means a determination made in accordance with section
60-10
in relation to the external administrator.
resolution
: a
resolution
is passed by creditors or contributories of a company:
(a) in a meeting - in the circumstances prescribed under paragraph 75-50(2)(k) ; or
(b) without a meeting - in the circumstances prescribed under paragraph 75-40(5)(b) .
reviewing liquidator
means a registered liquidator who has been appointed under section
90-23
or
90-24
to conduct a review.
special resolution
: a
special resolution
is passed by creditors or contributories of a company:
(a) in a meeting - in the circumstances prescribed under paragraph 75-50(2)(k) ; or
(b) without a meeting - in the circumstances prescribed under paragraph 75-40(5)(b) .
start of an external administration
of a company means:
(a) in relation to a company under administration - the day an administrator of the company is appointed under section 436A , 436B or 436C ; and
(b) in relation to a company that is subject to a deed of company arrangement - the day the deed is executed; and
(ba) in relation to a company under restructuring - the day a restructuring practitioner for the company is appointed under section 453B ; and
(bb) in relation to a company that is subject to a restructuring plan - the day the plan is made; and
(c) in the case of a winding up of a company - the day the winding up of the company is taken to have begun under section 513A or 513B ; and
(d) in relation to a company for which a provisional liquidator has been appointed - the day the provisional liquidator is appointed.
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