Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 418

Persons not to act as receivers

  (1)   A person is not qualified to be appointed, and must not act, as receiver of property of a corporation if the person:

  (a)   is a secured party in relation to any property (including PPSA retention of title property) of the corporation; or

  (b)   is an auditor or a director, secretary, senior manager or employee of the corporation; or

  (c)   is a director, secretary, senior manager or employee of a body corporate that is a secured party in relation to any property (including PPSA retention of title property) of the corporation; or

  (d)   is not a registered liquidator; or

  (e)   is a director, secretary, senior manager or employee of a body corporate related to the corporation; or

  (f)   unless ASIC directs in writing that this paragraph does not apply in relation to the person in relation to the corporation--has at any time within the last 12 months been a director, secretary, senior manager, employee or promoter of the corporation or of a related body corporate.

  (3)   Paragraph   (1)(d) does not apply in relation to a body corporate authorised by or under a law of the Commonwealth, of a State or of a Territory to act as receiver of property of the corporation concerned.

  (4)   In this section:

"senior manager" does not include a receiver and manager.


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