Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 5.6.39

Notice to submit particulars of debt or claim

Companies not subject to the simplified liquidation process

  (1)   Subject to subregulations (1A) and (1B), a liquidator may from time to time fix a day, not less than 14 days after the day on which notice is given in accordance with subregulation   (2), on or before which a creditor may submit particulars of his or her debt or claim.

Companies subject to the simplified liquidation process

  (1A)   Subregulation (1) does not apply in relation to a liquidator of a company that is subject to the simplified liquidation process.

  (1B)   A liquidator of a company that is subject to the simplified liquidation process must fix a single day that is 14 days after the day on which notice is given in accordance with subregulation   (2), on or before which a creditor may submit particulars of his or her debt or claim.

Notice requirements

  (2)   A notice under subregulation (1) or (1B) must be lodged with ASIC in accordance with subregulation   5.6.75(4).

  (3)   A notice under subregulation (1) or (1B) must state at least the following information:

  (a)   the name of the company;

  (b)   any trading name of the company;

  (c)   the ACN of the company;

  (ca)   if Division   1 of Part   5.6 of the Act applies for a sub - fund of a CCIV because of section   1237B of the Act--the ARFN of the sub - fund;

  (d)   the day fixed under subregulation   (1) or (1B), as the case requires.

  (4)   A notice under subregulation (1B) may include a requirement that all, or a specified class, of debts or claims must be proved formally.

Note:   If Division   1 of Part   5.6 of the Act applies for a sub - fund of a CCIV because of section   1237B of the Act, that section translates most of this regulation's references to the company so that they are references to the sub - fund.


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