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 5
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Meeting of creditors decides company's future
SECTION 439C
439C
WHAT CREDITORS MAY DECIDE
At a meeting convened under section 439A , the creditors may resolve:
(a) that the company execute a deed of company arrangement specified in the resolution (even if it differs from the proposed deed (if any) details of which accompanied any notice of meeting); or
(b) that the administration should end; or
(c) 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 noteAt a meeting convened under section 439A , the creditors may resolve:
(a) that the company execute a deed of company arrangement specified in the resolution (even if it differs from the proposed deed (if any) details of which accompanied any notice of meeting); or
[ 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[111] apply in relation to external administrations on and after 1 September 2017.]
(b) that the administration should end; or
(c) that the company be wound up.
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