Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 5.3B.55

Notice of making of restructuring plan

    If a company makes a restructuring plan, the restructuring practitioner for the plan must, within 2 business days after the day on which the plan is made:

  (a)   give to as many of the company's creditors as reasonably practicable a written notice:

  (i)   stating that the plan has been made; and

  (ii)   specifying the day on which the plan was made; and

  (b)   lodge with ASIC notice in the prescribed form (if any) of the making of the plan, including information about:

  (i)   the total value of the debts and claims set out in the schedule of debts and claims included with the company's restructuring proposal statement; and

  (ii)   the number of affected creditors to whom the restructuring practitioner gave a copy of the documents mentioned in paragraph   5.3B.21(1)(a); and

  (iii)   the proportion in value of affected creditors that gave, before the end of the acceptance period, a statement under paragraph   5.3B.21(1)(b) that the plan should be accepted.

Note:   Failure to comply with this subregulation is an offence: see subsection   1311(1) of the Act.


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