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SUPREME COURT (CORPORATIONS) RULES 2013 - REG 5.11

Notice of winding up order and appointment of liquidator

Rule 5.11(1) amended by S.R. No. 56/2018 rule 11(2).

    (1)     This Rule applies if the Court orders that a company be wound up and a registered liquidator be appointed as liquidator of the company.

    (2)     Not later than the day after the order is made, the plaintiff must inform the liquidator of the appointment.

Rule 5.11(3) substituted by S.R. No. 56/2018 rule 11(3).

    (3)     If the winding up order results from an application other than an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice of the winding up order and the liquidator's appointment, in accordance with Form 11, to be published in a daily newspaper circulating generally in the State or Territory where the company has its principal, or last known, place of business.

Note

If the winding up order results from an application under section 459P, 462 or 464 of the Corporations Act, the liquidator must cause a notice, setting out the information prescribed by regulation 5.4.01B of the Corporations Regulations, to be published in the manner provided by section 1367A of the Corporations Act and regulation 5.6.75 of the Corporations Regulations: see subsection 465A(2) of the Corporations Act .

Rule 5.11(4) substituted by S.R. No. 56/2018 rule 11(3).

    (4)     A notice under paragraph (3), or under section 465A(2) of the Corporations Act, of a winding up order must be published as soon as practicable after the liquidator is informed of the appointment.

    (5)     In this Rule—

"liquidator" does not include a provisional liquidator.

__________________

Note to Order 6 inserted by S.R. No. 56/2018 rule 12.

Note

See also Rule 7.3 (report to liquidator as to company's affairs under section 475 of the Corporations Act).



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