Commonwealth Repealed Acts

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This legislation has been repealed.

CORPORATIONS LAW- SECT 437C

Powers of other officers suspended
(1)
While a company is under administration, a person (other than the administrator) cannot perform or exercise, and must not purport to perform or exercise, a function or power as an officer of the company, except with the administrator's written approval.

(2)
Subsection (1) does not remove an officer of a company from his or her office.

(3)
Section 437D does not limit the generality of subsection (1) of this section.

(4)
In this section:

officer, in relation to a company under administration, includes:

(a)
a receiver who is not also a manager; and
(b)
a receiver and manager appointed by a court; and
(c)
a liquidator or provisional liquidator appointed by the Court before the administration began.
(5)
However, a person is not an officer of a company for the purposes of this section merely because he or she is an employee of the company.



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