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 16 - Notices about steps taken under Part  

SECTION 450E   NOTICE IN PUBLIC DOCUMENTS ETC. OF COMPANY  

450E(1)   [ ``(`administrator appointed')'']  

A company under administration must set out, in every public document, and in every negotiable instrument, of the company, after the company's name where it first appears, the expression (``administrator appointed'').

450E(2)   [ ``(`subject to deed of company arrangement')'']  

Except with the leave of the Court, until a deed of company arrangement terminates, the company must set out, in every public document, and in every negotiable instrument, of the company, after the company's name where it first appears, the expression (``subject to deed of company arrangement'').

450E(3)   [ Strict liability offence]  

An offence based on subsection (1) or (2) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

450E(4)   [ Standing to apply for leave]  

The Court may only grant leave under subsection (2) on the application of:


(a) the administrator of the deed of company arrangement; or


(b) any interested person.

450E(5)   [ Conditions for granting leave]  

The Court may only grant leave under subsection (2) if it is satisfied that the granting of leave will not result in any significant risk to the interests of the company ' s creditors (including contingent or prospective creditors) as a whole.


 

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