Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 60

Declaration of relevant relationships

Administrator

             (1)  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.

Liquidator

             (2)  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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