Corporations Act 2001
Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 3 of Part 8B.6 (for provisions relating to Division 2B ), Division 5 of Part 8B.6 (for provisions relating to Divisions 2 and 2A ) and Division 6 of Part 8B.6 (for provisions relating to Divisions 3 , 4 , 5 and 6 ).
A disposition of property of a company is a creditor-defeating disposition if:
(a) the consideration payable to the company for the disposition was less than the lesser of the following at the time the relevant agreement (as defined in section 9 ) for the disposition was made or, if there was no such agreement, at the time of the disposition:
(i) the market value of the property;
(ii) the best price that was reasonably obtainable for the property, having regard to the circumstances existing at that time; and
(b) the disposition has the effect of:
(i) preventing the property from becoming available for the benefit of the company ' s creditors in the winding-up of the company; or
Extensions of concept of disposition 588FDB(2)
(ii) hindering, or significantly delaying, the process of making the property available for the benefit of the company ' s creditors in the winding-up of the company.
For the purposes of this section and provisions of this Act that refer to a creditor-defeating disposition, if a company does something that results in another person becoming the owner of property that did not previously exist, the company is taken to have made a disposition of the property. 588FDB(3)
For the purposes of this section and provisions of this Act that refer to a creditor-defeating disposition, if:
(a) a company makes a disposition of property to another person; and
(b) the other person gives some or all of the consideration for the disposition to a person (the third party ) other than the company;
the company is taken to have made a disposition of the property constituting so much of the consideration as was given to the third party.
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