Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 588FC

Insolvent transactions

A transaction of a company is an insolvent transaction of the company if, and only if, it is an unfair preference given by the company, or an uncommercial transaction of the company, and:

(a)
any of the following happens at a time when the company is insolvent:

(i)
the transaction is entered into; or
(ii)
an act is done, or an omission is made, for the purpose of giving effect to the transaction; or
(b)
the company becomes insolvent because of, or because of matters including:

(i)
entering into the transaction; or
(ii)
a person doing an act, or making an omission, for the purpose of giving effect to the transaction.


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