Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.3B - RESTRUCTURING OF A COMPANY  

Note: This Part does not apply to a CCIV or a sub-fund of a CCIV: see Division 4 of Part 8B.6 .

Division 2 - Restructuring  

Subdivision C - Role of the restructuring practitioner during restructuring  

SECTION 453E   FUNCTIONS, DUTIES AND POWERS OF THE RESTRUCTURING PRACTITIONER  

453E(1)    
The functions of the restructuring practitioner for a company under restructuring are:

(a)    to provide advice to the company on matters relating to restructuring; and

(b)    to assist the company to prepare a restructuring plan; and

(c)    to make a declaration to creditors in accordance with the regulations in relation to a restructuring plan proposed to the creditors; and

(d)    any other functions given to the restructuring practitioner under this Act.

453E(2)    
The regulations may make provision for and in relation to the following:

(a)    the functions of the restructuring practitioner for a company under restructuring;

(b)    the duties of the restructuring practitioner for a company under restructuring;

(c)    the powers of the restructuring practitioner for a company under restructuring;

(d)    the rights and liabilities of a person who is or has been the restructuring practitioner for a company arising out of the performance of the functions and duties, and the exercise of the powers, of the person as restructuring practitioner.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.