Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CORPORATIONS ACT 2001 - SECT 513B

Voluntary winding up

    Where a company resolves by special resolution that it be wound up voluntarily, the winding up is taken to have begun or commenced:

  (a)   if, when the resolution was passed, a winding up of the company was already in progress--when the last - mentioned winding up is taken because of this Division to have begun or commenced; or

  (b)   if, immediately before the resolution was passed, the company was under administration--on the section   513C day in relation to the administration; or

  (c)   if, immediately before the resolution was passed, a deed of company arrangement had been executed by the company but had not yet terminated--on the section   513C day in relation to the administration that ended when the deed was executed; or

  (d)   if the resolution is taken to have been passed because the company's creditors:

  (i)   passed a resolution terminating a deed of company arrangement executed by the company; and

  (ii)   also resolved under section   445E that the company be wound up;

    on the section   513C day in relation to the administration that ended when the deed was executed; or

  (da)   if the resolution is taken to have been passed under section   446AA because of:

  (i)   the making of an order under section   445D by the Court terminating a deed of company arrangement executed by the company; or

  (ii)   the existence of circumstances that are specified in a deed of company arrangement executed by the company to be circumstances in which the deed is to terminate and the company is to be wound up;

    on the section   513C day in relation to the administration that ended when the deed was executed; or

  (db)   if, immediately before the resolution was passed, the company was under restructuring--on the section   513CA day in relation to the restructuring; or

  (dc)   if, immediately before the resolution was passed, a restructuring plan had been made by the company but had not yet terminated--on the section   513CA day in relation to the restructuring that ended when the plan was made; or

  (e)   otherwise--on the day on which the resolution was passed.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback