CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 5 - EXTERNAL ADMINISTRATION
PART 5.3A - ADMINISTRATION OF A COMPANY'S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT
History
Pt 5.3A inserted by No 210 of 1992, s 56 (effective 23 June
1993).
Division 4 - Administrator investigates company's affairs
History
Heading inserted by No 210 of 1992, s 56 (effective 23 June
1993).
SECTION 438C
ADMINISTRATOR'S RIGHTS TO COMPANY'S BOOKS
438C(1)
[Books etc may not be retained]
A person is not entitled, as against the administrator of a company under administration:
(a)
to retain possession of books of the company; or
(b)
to claim or enforce a lien on such books;
but such a lien is not otherwise prejudiced.
History
S 438C(1) inserted by No 210 of 1992, s 56 (effective 23 June 1993).
438C(2)
[Secured creditors]
Paragraph
(1)(a) does not apply in relation to books of which a secured creditor of the company is entitled to possession otherwise than because of a lien, but the administrator is entitled to inspect, and make copies of, such books at any reasonable time.
History
S 438C(2) inserted by No 210 of 1992, s 56 (effective 23 June 1993).
438C(3)
[Books to be delivered to administrator]
The administrator of a company under administration may give to a person a written notice requiring the person to deliver to the administrator, as specified in the notice, books so specified that are in the person's possession.
History
S 438C(3) inserted by No 210 of 1992, s 56 (effective 23 June 1993).
438C(4)
[Time for compliance]
A notice under subsection
(3) must specify a period of at least 3 business days as the period within which the notice must be complied with.
History
S 438C(4) inserted by No 210 of 1992, s 56 (effective 23 June 1993).
438C(5)
[Entitlement to retain possession of books]
A person must comply with a notice under subsection
(3) except so far as the person is entitled, as against the company and the administrator, to retain possession of the books.
History
S 438C(5) inserted by No 210 of 1992, s 56 (effective 23 June 1993).