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 6
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Protection of company's property during administration
SECTION 440JA
440JA
PROPERTY SUBJECT TO A BANKER
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S LIEN
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EXEMPTION FROM THIS DIVISION
If:
(a) a company is under administration; and
(b) property of the company consists of:
(c) the property is subject to a possessory security interest; and
(d) the secured party is:
If:
(a) a company is under administration; and
(b) property of the company consists of:
(i) cash in the form of notes or coins; or
(ii) a negotiable instrument; or
(iii) a security (as defined by subsection 92(1) ); or
(iv) a derivative (as defined in Chapter 7 ); and
(c) the property is subject to a possessory security interest; and
(d) the secured party is:
(i) an ADI (within the meaning of the Banking Act 1959 ); or
(ii) the operator of a clearing and settlement facility (within the meaning of section 768A );
this Division does not apply to the property.
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