Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.3A - ADMINISTRATION OF A COMPANY'S AFFAIRS WITH A VIEW TO EXECUTING A DEED OF COMPANY ARRANGEMENT  

Division 4 - Administrator investigates company's affairs  

SECTION 438D   REPORTS BY ADMINISTRATOR  

438D(1)  
If it appears to the administrator of a company under administration that:

(a)  

a past or present officer or employee, or a member, of the company may have been guilty of an offence in relation to the company; or

(b)  

a person who has taken part in the formation, promotion, administration, restructuring, management or winding up of the company:

(i) may have misapplied or retained, or may have become liable or accountable for, money or property (in Australia or elsewhere) of the company; or

(ii) may have been guilty of negligence, default, breach of duty or breach of trust in relation to the company;

the administrator must:

(c)  lodge a report about the matter as soon as practicable; and

(d)  give ASIC such information, and such access to and facilities for inspecting and taking copies of documents, as ASIC requires.

438D(2)  
The administrator may also lodge further reports specifying any other matter that, in his or her opinion, it is desirable to bring to ASIC's notice.

438D(3)  
If it appears to the Court:


(a) that a past or present officer or employee, or a member, of a company under administration has been guilty of an offence in relation to the company; or


(b) that a person who has taken part in the formation, promotion, administration, restructuring, management or winding up of a company under administration has engaged in conduct of a kind referred to in paragraph (1)(b) in relation to the company;

and that the administrator has not lodged a report about the matter, the Court may, on the application of an interested person, direct the administrator to lodge such a report.


 

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