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BUSINESS NAMES REGISTRATION ACT 2011 (NO. 126, 2011) - SECT 38

Notifying ASIC of bankruptcy, insolvency etc.

             (1)  If:

                     (a)  a business name is registered to an entity; and

                     (b)  a person is appointed or authorised to act as a debtor representative of the entity;

the person must lodge with ASIC notice of that fact in accordance with subsection (2).

             (2)  The notice:

                     (a)  must be given to ASIC within 28 days after the appointment or authorisation; and

                     (b)  must identify who (if anyone) will carry on a business under the business name while the person is appointed or authorised; and

                     (c)  must be in the prescribed form; and

                     (d)  must be lodged in the prescribed manner.

             (3)  In this section:

"debtor representative" means:

                     (a)  a trustee in bankruptcy; or

                     (b)  a liquidator within the meaning given by subsection 6(1) of the Income Tax Assessment Act 1936 ; or

                     (c)  a receiver; or

                     (d)  a controller (within the meaning of section 9 of the Corporations Act 2001 ); or

                     (e)  an administrator appointed to an entity under Division 2 of Part 5.3A of the Corporations Act 2001 ; or

                      (f)  a person appointed, or authorised, under a law of the Commonwealth, or of a State or Territory, to manage the affairs of an entity because it is unable to pay all its debts as and when they become due and payable; or

                     (g)  an administrator of a deed of company arrangement executed by the entity; or

                     (h)  a foreign representative in respect of a foreign proceeding that has been recognised for the purposes of the Cross-Border Insolvency Act 2008 .

"trustee in bankruptcy" means:

                     (a)  in relation to a bankruptcy--the trustee of the estate of the bankrupt; or

                     (b)  in relation to a composition or scheme of arrangement under Division 6 of Part IV of the Bankruptcy Act 1966 --the trustee of the composition or scheme of arrangement; or

                     (c)  in relation to a debtor whose property is subject to control under Division 2 of Part X of the Bankruptcy Act 1966 --the controlling trustee in relation to the debtor under that Part of that Act; or

                     (d)  in relation to a personal insolvency agreement under Part X of the Bankruptcy Act 1966 --the trustee of the agreement; or

                     (e)  in relation to the estate of a deceased person in respect of which an order has been made under Part XI of the Bankruptcy Act 1966 --the trustee of the estate.



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