Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 5.3B.02

When restructuring ends

  (1)   For the purposes of paragraph   453A(b) of the Act, the restructuring of a company ends if:

  (a)   the company makes a declaration under subregulation (2); or

  (b)   the company fails to propose a restructuring plan within the proposal period; or

  (c)   the company's proposal to make a restructuring plan lapses under regulation   5.3B.20; or

  (d)   the restructuring practitioner for the company terminates the restructuring under section   453J of the Act; or

  (e)   the Court orders that the restructuring of the company is to end; or

  (f)   an administrator of the company is appointed under section   436A, 436B or 436C of the Act; or

  (g)   a liquidator or provisional liquidator of the company is appointed; or

  (j)   the company makes a restructuring plan.

  (2)   The directors of a company under restructuring:

  (a)   may make a declaration in writing that the restructuring of the company is to end on a specified day for any reason; and

  (b)   must give a copy of the declaration to:

  (i)   the company's restructuring practitioner; and

  (ii)   the company's creditors;

    before the day specified in the declaration.


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