Commonwealth Repealed Acts

This legislation has been repealed.

CORPORATIONS LAW- SECT 583

Subject to this Part, a Part 5.7 body may be wound up under this Chapter and this Chapter applies accordingly to a Part 5.7 body with such adaptations as are necessary, including the following adaptations:

(a)

the principal place of business of a Part 5.7 body in Australia is taken, for all the purposes of the winding up, to be the registered office of the Part 5.7 body;

(b)

a Part 5.7 body is not to be wound up voluntarily under this Chapter;

(c)

the circumstances in which a Part 5.7 body may be wound up are as follows:

(i)

if the Part 5.7 body is unable to pay its debts, has been dissolved or deregistered, has ceased to carry on business in Australia or has a place of business in Australia only for the purpose of winding up its affairs;

(ii)

if the Court is of opinion that it is just and equitable that the Part 5.7 body should be wound up;

(iii)

if the Commission has stated in a report prepared under Division 1 of Part 3 of the ASC Law that, in its opinion:

(A) the Part 5.7 body cannot pay its debts and should be wound up; or (B) it is in the interests of the public, of the members, or of the creditors, that the Part 5.7 body should be wound up.