Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 490

When company cannot wind up voluntarily

  (1)   Except with the leave of the Court, a company cannot resolve that it be wound up voluntarily if:

  (a)   an application for the company to be wound up in insolvency has been filed; or

  (b)   the Court has ordered that the company be wound up in insolvency, whether or not the order was made on such an application; or

  (c)   the company is a trustee company that is in the course of administering or managing one or more estates.

  (2)   A person with a proper interest in the estate referred to in paragraph   (1)(c), or who has any claim in respect of the estate, is entitled to be heard in a proceeding before the Court for leave under subsection   (1).


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