CORPORATIONS ACT 2001

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (CORPORATIONS)  

Note: See section 600K .

PART 3 - GENERAL RULES RELATING TO EXTERNAL ADMINISTRATIONS  

Division 70 - Information  

Subdivision D - Giving information etc. to creditors and others  

CLAUSE 70-46   RIGHT OF MEMBERS TO REQUEST INFORMATION ETC. FROM EXTERNAL ADMINISTRATOR IN A MEMBERS ' VOLUNTARY WINDING UP  

70-46(1)  
This section applies in relation to a members ' voluntary winding up.

70-46(2)  
The members of the company may by resolution request the external administrator of the company to:


(a) give information; or


(b) provide a report; or


(c) produce a document;

to the members.

70-46(3)  
The external administrator must comply with the request unless:


(a) the information, report or document is not relevant to the external administration of the company; or


(b) the external administrator would breach his or her duties in relation to the external administration of the company if the external administrator complied with the request; or


(c) it is otherwise not reasonable for the external administrator to comply with the request.

70-46(4)  
The Insolvency Practice Rules may prescribe circumstances in which it is, or is not, reasonable for an external administrator of a company to comply with a request of a kind mentioned in subsection (2).


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