Commonwealth Numbered Acts

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Who can apply for order

An application for an order under section 233 in relation to a company may be made by:

a member of the company, even if the application relates to an act or omission that is against:

the member in a capacity other than as a member; or
another member in their capacity as a member; or
a person who has been removed from the register of members because of a selective reduction; or

a person who has ceased to be a member of the company if the application relates to the circumstances in which they ceased to be a member; or

a person to whom a share in the company has been transmitted by will or by operation of law; or

a person whom ASIC thinks appropriate having regard to investigations it is conducting or has conducted into:

the company's affairs; or
matters connected with the company's affairs.
Note 1: If an application is made under this section, in certain cases the court may order that the company be wound up in insolvency (see section 459B).

Note 2: For selective reduction , see subsection 256B(2).

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