Where a company resolves by special resolution that it be wound up
voluntarily, the winding up is taken to have begun or commenced:
- (a)
- if,
when the resolution was passed, a winding up of the company was already in
progresswhen the last-mentioned winding up is taken because of this
Division to have begun or commenced; or
- (b)
- if, immediately before the resolution was passed, the company was under
administrationon the section 513C day in relation to the
administration; or
- (c)
- if, immediately before the resolution was passed, a deed of company
arrangement had been executed by the company but had not yet
terminatedon the section 513C day in relation to the administration
that ended when the deed was executed; or
- (d)
- if the resolution is taken to have been passed because, at a meeting
convened under section 445F, the company's creditors:
- (i)
- passed a resolution terminating a deed of company arrangement executed by
the company; and
- (ii)
- also resolved under section 445E that the company be wound up;
on the section 513C day in relation to the administration that ended when
the deed was executed;
- (e)
- otherwiseon the day on which the resolution was passed.