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CORPORATIONS ACT 2001 - SECT 489EB

Deemed resolution that company be wound up voluntarily

    If ASIC orders under section   489EA that a company be wound up:

  (a)   the company is taken to have passed a special resolution under section   491 that the company be wound up voluntarily; and

  (b)   the company is taken to have passed the special resolution:

  (i)   at the time when ASIC made the order under section   489EA; and

  (ii)   without a declaration having been made and lodged under section   494; and

  (c)   section   496 has effect as if:

  (i)   a declaration had been made under section   494; and

  (ii)   the reference in subsection   496(1) to the period stated in the declaration were a reference to the 12 - month period beginning when ASIC made the order under section   489EA; and

  (d)   section   497 is taken to have been complied with in relation to the winding up.


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