BANKRUPTCY ACT 1966

PART IA - INTERPRETATION  

SECTION 5G   5G   FINANCIAL AFFAIRS OF A COMPANY  
For the purposes of this Act, a company ' s financial affairs include:


(a) the company ' s promotion, formation, membership, control, operations and state of affairs;


(b) the management and proceedings of the company;


(c) any act or thing done (including any contract made and any transaction entered into) by or on behalf of the company, or to or in relation to the company or its business or property, at a time when:


(i) a receiver, or a receiver and manager, is in possession of, or has control over, property of the company;

(ia) the company is under administration within the meaning of the Corporations Act 2001 ;

(ib) a deed of company arrangement that the company executed under Part 5.3A of that Act has not yet terminated;

(ii) (Repealed by No 8 of 2007)

(iii) a compromise or arrangement made between the company and another person or other persons is being administered; or

(iv) the company is being wound up;
and, without limiting the generality of the foregoing, any conduct of such a receiver or such a receiver and manager, of an administrator (within the meaning of that Act) of the company, of an administrator of such a deed, of any person administering such a compromise or arrangement or of any liquidator or provisional liquidator of the company;


(d) the ownership of shares in, and debentures of, the company;


(e) the power of persons to exercise, or to control the exercise of, the rights to vote attached to shares in the company or to dispose of, or to exercise control over the disposal of, such shares;


(f) the circumstances under which a person acquired or disposed of, or became entitled to acquire or dispose of, shares in, or debentures of, the company; and


(g) matters concerned with ascertaining the persons with whom the company is or has been associated.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.