Corporations Act 2001
CHAPTER 5
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EXTERNAL ADMINISTRATION
PART 5.3A
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ADMINISTRATION OF A COMPANY'S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT
Division 2
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Appointment of administrator and first meeting of creditors
SECTION 436C
SECURED PARTY MAY APPOINT ADMINISTRATOR
A person who is entitled to enforce a security interest in the whole, or substantially the whole, of a company ' s property may by writing appoint an administrator of the company if the security interest has become, and is still, enforceable.
Subsection (1) applies in relation to a PPSA security interest only if the security interest is perfected within the meaning of the Personal Property Securities Act 2009 .
Subsection (1) does not apply to a company if a person holds an appointment as liquidator, or provisional liquidator, of the company.
436C(1)
A person who is entitled to enforce a security interest in the whole, or substantially the whole, of a company ' s property may by writing appoint an administrator of the company if the security interest has become, and is still, enforceable.
436C(1A)
Subsection (1) applies in relation to a PPSA security interest only if the security interest is perfected within the meaning of the Personal Property Securities Act 2009 .
436C(2)
Subsection (1) does not apply to a company if a person holds an appointment as liquidator, or provisional liquidator, of the company.
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