An application for an order under section 233 in relation to a company
may be made by:
- (a)
- a member of the company, even if the application relates
to an act or omission that is against:
- (i)
- the member in a capacity other than as a member; or
- (ii)
- another member in their capacity as a member; or
- (b)
- a person who has been removed from the register of members because of a
selective reduction; or
- (c)
- a person who has ceased to be a member of the company if the application
relates to the circumstances in which they ceased to be a member; or
- (d)
- a person to whom a share in the company has been transmitted by will or by
operation of law; or
- (e)
- a person whom ASIC thinks appropriate having regard to investigations it
is conducting or has conducted into:
- (i)
- the company's affairs; or
- (ii)
- matters connected with the company's affairs.
- Note 1: If an application is made under this section, in certain cases
the court may order that the company be wound up in insolvency (see
section 459B).
Note 2: For selective reduction , see subsection 256B(2).