Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 596A

Mandatory examination

                   The Court is to summon a person for examination about a corporation's examinable affairs if:

                     (a)  an eligible applicant applies for the summons; and

                     (b)  the Court is satisfied that the person is an officer or provisional liquidator of the corporation or was such an officer or provisional liquidator during or after the 2 years ending:

                              (i)  if the corporation is under administration--on the section 513C day in relation to the administration; or

                             (ii)  if the corporation has executed a deed of company arrangement that has not yet terminated--on the section 513C day in relation to the administration that ended when the deed was executed; or

                           (iia)  if the corporation is under restructuring--on the section 513CA day in relation to the restructuring; or

                           (iib)  if the corporation has made a restructuring plan that has not yet terminated--on the section 513CA day in relation to the restructuring that ended when the plan was made; or

                            (iii)  if the corporation is being, or has been, wound up--when the winding up began; or

                            (iv)  otherwise--when the application is made.

Note:          This section applies to a CCIV in a modified form: see section 1237U.



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