Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 5.5.07

Liquidator must cease to follow the simplified liquidation process

  (1)   For the purposes of paragraph   500AC(1)(b) of the Act, a prescribed circumstance is that the liquidator believes on reasonable grounds that:

  (a)   the company, or a director of the company, has engaged in conduct; and

  (b)   the conduct involved fraud or dishonesty; and

  (c)   the conduct has had, or is likely to have, a material adverse effect on the interests of the creditors as a whole or of a class of creditors as a whole.

  (2)   The liquidator is taken to have ceased to follow the simplified liquidation process on the day on which the liquidator first held the belief.



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