(1) Subject to subregulation (1A), the liquidator must give notice of his or her intention to declare a dividend not more than 2 months before the intended date:
(a) by lodging a notice with ASIC in accordance with subregulation 5.6.75(4); and
(b) in writing, in accordance with Form 547 or, for a final dividend, in accordance with Form 548, to any person whose debt or claim has not been admitted and who:
(i) for a winding up by the Court--is shown as a creditor in the report on the affairs of the company under subsection 475(1) of the Act; or
(ii) for a members' voluntary winding up--appears in the company's records to be a creditor; or
(iii) for a creditors' voluntary winding up--is shown as a creditor in the list of creditors prepared in accordance with subparagraph 497(1)(a)(ii) of the Act; or
(iv) to the knowledge of the liquidator claims to be, or might claim to be, a creditor of the company.
(1A) The requirement in subregulation (1) that the notice must be given not more than 2 months before the intended date does not apply in relation to a liquidator of a company that is subject to the simplified liquidation process.
(2) A notice in accordance with subregulation (1) must specify a date, not less than 21 days after the date of the notice, on or before which formal proof, in accordance with Form 535 or 536, of a debt or claim must be submitted to participate in the distribution.
(2A) Also, the notice 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;
(d) 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.
(3) Subject to regulation 5.6.68, a person:
(a) who claims to be a creditor; and
(b) who does not submit a formal proof of a debt or claim on or before the date specified in the notice given under subregulation (1);
is excluded from participating in the distribution to which that notice relates.
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.