Corporations Act 2001
Note: See section 600K .PART 3 - GENERAL RULES RELATING TO EXTERNAL ADMINISTRATIONS Division 70 - Information Subdivision D - Giving information etc. to creditors and others CLAUSE 70-46 RIGHT OF MEMBERS TO REQUEST INFORMATION ETC. FROM EXTERNAL ADMINISTRATOR IN A MEMBERS ' VOLUNTARY WINDING UP 70-46(1)
This section applies in relation to a members ' voluntary winding up. 70-46(2)
The members of the company may by resolution request the external administrator of the company to:
(a) give information; or
(b) provide a report; or
(c) produce a document;
to the members.70-46(3)
The external administrator must comply with the request unless:
(a) the information, report or document is not relevant to the external administration of the company; or
(b) the external administrator would breach his or her duties in relation to the external administration of the company if the external administrator complied with the request; or
(c) it is otherwise not reasonable for the external administrator to comply with the request. 70-46(4)
The Insolvency Practice Rules may prescribe circumstances in which it is, or is not, reasonable for an external administrator of a company to comply with a request of a kind mentioned in subsection (2).
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