Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

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

  (via)   a former restructuring practitioner for the company, or a restructuring plan 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.

Restructuring practitioner

  (1A)   In this Act, a declaration of relevant relationships , in relation to a restructuring practitioner for a company under restructuring, means a written declaration:

  (a)   stating whether any of the following:

  (i)   the restructuring practitioner;

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

  (iii)   if the restructuring practitioner'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 restructuring practitioner's reasons for believing that none of the relevant relationships result in the restructuring practitioner 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; or

  (ix)   a former restructuring practitioner for the company; or

  (x)   a former restructuring practitioner for a restructuring plan made 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.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback