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 8
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Powers of administrator
SECTION 442D
ADMINISTRATOR
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S POWERS SUBJECT TO POWERS OF SECURED PARTY, RECEIVER OR CONTROLLER
Where section 441A applies, the administrator ' s functions and powers are subject to the functions and powers of a person as:
(a) the secured party; or
(b) a receiver or controller appointed under Part 5.2 (whether under an instrument relating to the security interest or a court order, and even if appointed after the decision period).
Where section 441C applies, then, so far as concerns perishable property of the company, the administrator ' s functions and powers are subject to the functions and powers of a person as:
(a) the secured party; or
(b) a receiver or controller appointed under Part 5.2 (whether under an instrument relating to the security interest or a court order, and even if appointed after the decision period).
Where section 441B , 441F or 441G applies, then, so far as concerns the property referred to in subsection 441B(1) , 441F(1) or 441G(1) , the administrator ' s functions and powers are subject to the functions and powers of the secured party, receiver or controller.
442D(1)
Where section 441A applies, the administrator ' s functions and powers are subject to the functions and powers of a person as:
(a) the secured party; or
(b) a receiver or controller appointed under Part 5.2 (whether under an instrument relating to the security interest or a court order, and even if appointed after the decision period).
442D(2)
Where section 441C applies, then, so far as concerns perishable property of the company, the administrator ' s functions and powers are subject to the functions and powers of a person as:
(a) the secured party; or
(b) a receiver or controller appointed under Part 5.2 (whether under an instrument relating to the security interest or a court order, and even if appointed after the decision period).
442D(3)
Where section 441B , 441F or 441G applies, then, so far as concerns the property referred to in subsection 441B(1) , 441F(1) or 441G(1) , the administrator ' s functions and powers are subject to the functions and powers of the secured party, receiver or controller.
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