Corporations Act 2001
Note: See section 600K .PART 3 - GENERAL RULES RELATING TO EXTERNAL ADMINISTRATIONS Division 70 - Information Subdivision B - Administration returns CLAUSE 70-6 END OF ADMINISTRATION RETURN 70-6(1)
This section applies if the external administration of a company ends. End of administration return to be lodged 70-6(2)
The person who is the external administrator of the company when the external administration of the company ends (the last external administrator ) must lodge a return in relation to the external administration of the company.
[ CCH Note: Cl 70-6(2) will be amended by No 69 of 2020, s 3, Sch 1, by inserting " with the Registrar " after " lodge " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
The return must:
(a) be in the approved form; and
(b) be lodged with ASIC within 1 month after the end of the external administration of the company.
Note 1: Fees for lodging documents and late lodgement fees may be imposed under the Corporations (Fees) Act 2001 .
Note 2: ASIC must deregister the company 3 months after the end of administration return is lodged (see section 509 ).
[ CCH Note: Cl 70-6(3) will be amended by No 69 of 2020, s 3, Sch 1 - [ 1350], by substituting para (a), " the Registrar " for " ASIC " in para (b) and " The Registrar " for " ASIC " in note 2, (effective 22 June 2022 or a day or days to be fixed by Proclamation). Para (a) will read:
(a) meet any requirements of the data standards; and]
The last external administrator must give notice that the return has been lodged to a person mentioned in subsection (5), if that person requests in writing that the last external administrator give the person such a notice.
[ CCH Note: Cl 70-6(4) will be amended by No 69 of 2020, s 3, Sch 1, by inserting " with the Registrar " after " lodged " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
The persons who may request such a notice are:
(a) in a members ' voluntary winding up - the members of the company; and
(b) in a creditors ' voluntary winding up - the creditors; and
(c) in a court-ordered winding up - the creditors; and
(d) if the external administrator is appointed as a provisional liquidator - the Court; and
(e) if the company is under administration or has executed a deed of company arrangement - the company; and
(f) if the company is under restructuring or has made a restructuring plan - the company.
If 2 or more companies are members of a pooled group, then the returns under subsection (2) for those companies may be set out in the same document.