Corporations Act 2001
If it appears to the administrator of a company under administration that: (a) (b)
(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.
[ CCH Note: S 438D(1) will be amended by No 69 of 2020, s 3, Sch 1, by inserting " with ASIC " after " lodge " in para (c) (effective 22 June 2022 or a day or days to be fixed by Proclamation ).]
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.
[ CCH Note: S 438D(3) will be amended by No 69 of 2020, s 3, Sch 1, by inserting " with ASIC " at the end, (effective 22 June 2022 or a day or days to be fixed by Proclamation ).]
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