Corporations Act 2001
A deed of company arrangement binds all creditors of the company, so far as concerns claims arising on or before the day specified in the deed under paragraph 444A(4)(i) . 444D(2)
Subsection (1) does not prevent a secured creditor from realising or otherwise dealing with the security interest, except so far as:
(a) the deed so provides in relation to a secured creditor who voted in favour of the resolution of creditors because of which the company executed the deed; or
(b) the Court orders under subsection 444F(2) .
S 444D(2) amended by No 96 of 2010, s 3, Sch 1, Pt 5 [ 105] (effective 30 January 2012).
Subsection (1) does not affect a right that an owner or lessor of property has in relation to that property, except so far as:
(a) the deed so provides in relation to an owner or lessor of property who voted in favour of the resolution of creditors because of which the company executed the deed; or
(b) the Court orders under subsection 444F(4) . 444D(3A)
Subsection (3) does not apply in relation to an owner or lessor of PPSA retention of title property of the company.
Note: Subsection (2) applies in relation to an owner or lessor of PPSA retention of title property of the company. Such an owner or lessor is a secured creditor of the company (see section 51F (meaning of PPSA retention of title property )).
S 444D(3A) inserted by No 96 of 2010, s 3, Sch 1, Pt 8 [ 167] (effective 30 January 2012).
Section 231 does not prevent a creditor of the company from becoming a member of the company as a result of the deed requiring the creditor to accept an offer of shares in the company.
S 444D(4) inserted by No 132 of 2007, s 3, Sch 4, Pt 1 [ 27] (effective 31 December 2007).
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