Commonwealth Numbered Regulations

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1996 No. 263 BANKRUPTCY REGULATIONS - REG 10.13

Certificate relating to realisation of divisible property and non- availability of dividend, or payment of final dividend
10.13. (1) Where the trustee of a deed of assignment is satisfied that the
divisible property of the debtor has, so far as practicable, been realised and
no dividend is payable to the creditors, the trustee must, if requested in
writing by the debtor to do so, give to the debtor, within 7 days, a
certificate signed by the trustee to that effect.

(2) In any proceedings, a certificate under subregulation (1):

   (a)  is evidence of the facts stated in it; and

   (b)  may be tendered in evidence without further proof.

(3) Where the trustee of a deed of assignment gives a certificate to the
debtor under subsection 232 (1) of the Act or subregulation (1), the trustee
must, within 7 days, give a copy of the certificate to the Official Receiver.

Penalty: 1 penalty unit 


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