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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