CORPORATIONS ACT 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.2 - INTERPRETATION  

Division 7 - Interpretation of other expressions  

SECTION 60   DECLARATION OF RELEVANT RELATIONSHIPS  

60(1)   Administrator.  

In this Act, a declaration of relevant relationships , in relation to an administrator of a company under administration, means a written declaration:


(a) stating whether any of the following:


(i) the administrator;

(ii) if the administrator ' s firm (if any) is a partnership - a partner in that partnership;

(iii) if the administrator ' s firm (if any) is a body corporate - that body corporate or an associate of that body corporate;
has, or has had within the preceding 24 months, a relationship with:

(iv) the company; or

(v) an associate of the company; or

(vi) a former liquidator, or former provisional liquidator, of the company; or

(vii) a person who is entitled to enforce a security interest in the whole, or substantially the whole, of the company ' s property (including any PPSA retention of title property); and


(b) if so, stating the administrator ' s reasons for believing that none of the relevant relationships result in the administrator having a conflict of interest or duty.

60(2)   Liquidator.  

In this Act, a declaration of relevant relationships , in relation to a liquidator of a company, means a written declaration:


(a) stating whether any of the following:


(i) the liquidator;

(ii) if the liquidator ' s firm (if any) is a partnership - a partner in that partnership;

(iii) if the liquidator ' s firm (if any) is a body corporate - that body corporate or an associate of that body corporate;
has, or has had within the preceding 24 months, a relationship with:

(iv) the company; or

(v) an associate of the company; or

(vi) a former liquidator, or former provisional liquidator, of the company; or

(vii) a former administrator of the company; or

(viii) a former administrator of a deed of company arrangement executed by the company; and


(b) if so, stating the liquidator ' s reasons for believing that none of the relevant relationships result in the liquidator having a conflict of interest or duty.


 

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