Corporations Act 2001
CHAPTER 5
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EXTERNAL ADMINISTRATION
PART 5.3A
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ADMINISTRATION OF A COMPANY
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S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT
Division 11
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Variation, termination and avoidance of deed
SECTION 445E
445E
CREDITORS MAY TERMINATE DEED AND RESOLVE THAT COMPANY BE WOUND UP
Where:
(a) the company ' s creditors pass a resolution at a meeting terminating the deed; and
(b) the notice of the meeting set out a proposed resolution that the company be wound up;
Note: This Part does not apply to a CCIV or a sub-fund of a CCIV: see Division 4 of Part 8B.6 .
View history note
Hide history noteWhere:
(a) the company ' s creditors pass a resolution at a meeting terminating the deed; and
[ CCH Note: Regulation 10.25.02(3)(g) (which was effective 1 March 2017) provides that the amendments made by No 11 of 2016, s 3, Sch 2[122] apply in relation to external administrations on and after 1 September 2017.]
(b) the notice of the meeting set out a proposed resolution that the company be wound up;
the creditors may also resolve at the meeting that the company be wound up.
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