CORPORATIONS ACT 2001
Note: See section 600K .PART 3 - GENERAL RULES RELATING TO EXTERNAL ADMINISTRATIONS Division 70 - Information Subdivision B - Administration returns CLAUSE 70-5 ANNUAL ADMINISTRATION RETURN 70-5(1)
This section applies if a person is the external administrator of a company during all or part of an administration return year for the external administrator for the company. 70-5(2)
However, this section does not apply if:
(a) the external administration of the company ends during the administration return year; and
(b) the person is the external administrator of the company when the external administration of the company ends.
Note: If a person is the external administrator of a company when the external administration of the company ends, the person must instead lodge a return under section 70-6 .Annual administration return to be lodged 70-5(3)
The person must lodge a return in relation to the external administration of the company by the person during the year or part of the year (as the case requires). 70-5(4)
The return must:
(a) be in the approved form; and
(b) be lodged with ASIC within 3 months after the end of the year.
Note: Fees for lodging documents and late lodgement fees may be imposed under the Corporations (Fees) Act 2001 .Meaning of administration return year 70-5(5)
Each of the following is an administration return year for an external administrator for a company:
(a) the period of 12 months beginning on the day on which the person first began to be an external administrator of the company;
(b) each subsequent period of 12 months. Notice of lodgement to be given 70-5(6)
The person must give notice that the return has been lodged:
(a) in a members ' voluntary winding up - to the members of the company; and
(b) in a creditors ' voluntary winding up - to the creditors; and
(c) in a court-ordered winding up - to the creditors; and
(d) if the external administrator is appointed as a provisional liquidator - to the Court; and
(e) if the company is under administration or has executed a deed of company arrangement - to the company;
when next forwarding any report, notice of meeting, notice of call or dividend.
Note: For notification, see section 600G .Returns for pooled groups 70-5(7)
If 2 or more companies are members of a pooled group, then the returns under subsection (3) for those companies may be set out in the same document.