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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 526.5

Grounds for Court ordered winding up

                   The following are the grounds on which an Aboriginal and Torres Strait Islander corporation may be wound up:

                     (a)  the corporation has by special resolution resolved that it be wound up by the Court;

                     (b)  the business or operations of the corporation were not commenced within 1 year after its registration or have been suspended for a continuous period of 1 year;

                     (c)  the corporation has ceased to satisfy a requirement for registration imposed by section 141-5, 141-10 or 141- 15;

                     (d)  section 26- 15 precludes the continued registration of the corporation;

                     (e)  the officers of the corporation have acted in the affairs of the corporation:

                              (i)  in their own interests rather than in the interests of the members of the corporation as a whole; or

                             (ii)  in a way that appears to be unfair or unjust to the members of the corporation;

                      (f)  the affairs of the corporation are being conducted in a way that is:

                              (i)  oppressive; or

                             (ii)  unfairly prejudicial to, or unfairly discriminatory against, a member or members of the corporation; or

                            (iii)  contrary to the interests of the members of the corporation as a whole;

                     (g)  an act or omission, or a proposed act or omission, by or on behalf of the corporation was or would be:

                              (i)  oppressive; or

                             (ii)  unfairly prejudicial to, or unfairly discriminatory against, a member or members of the corporation; or

                            (iii)  contrary to the interests of the members as a whole;

                     (h)  a resolution, or a proposed resolution, of a class of members of the corporation, was or would be:

                              (i)  oppressive; or

                             (ii)  unfairly prejudicial to, or unfairly discriminatory against, a member or members of the corporation; or

                            (iii)  contrary to the interests of the members of the corporation as a whole;

                      (i)  the corporation is insolvent;

                      (j)  the directors of the corporation have failed to comply with a notice that the Registrar has given the directors under section 439-20;

                     (k)  the corporation has failed, for a prescribed period, to lodge any financial or other reports required to be lodged by Part 7-3;

                      (l)  by reason of the complexity or magnitude of the activities of the corporation, it is inappropriate that it continue to be registered under this Act;

                    (m)  the Court is satisfied that it is in the interests of:

                              (i)  the public; or

                             (ii)  the corporation's members; or

                            (iii)  the corporation's creditors;

                            that the corporation should be wound up;

                     (n)  the Court is satisfied that it is just and equitable that the corporation be wound up.



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