"liquidator" includes a provisional liquidator.
(1) Subject to this section, a person must not consent to be appointed, and
must not act, as liquidator of a company unless he or she is:
- (a)
- a
registered liquidator; or
- (b)
- registered as a liquidator of that company under subsection 1282(3).
(2) Subject to this section, a person must not, except with the leave of
the Court, seek to be appointed, or act, as liquidator of a company:
- (a)
- if
the person, or a body corporate in which the person has a substantial holding,
is indebted in an amount exceeding $5,000 to the company or a body corporate
related to the company; or
- (b)
- if the person is, otherwise than in his or her capacity as liquidator, a
creditor of the company or of a related body corporate in an amount exceeding
$5,000; or
- (c)
- if:
- (i)
- the person is an officer of the company (otherwise than by reason of being
a liquidator of the company or of a related body corporate); or
- (ii)
- the person is an officer of any body corporate that is a mortgagee of
property of the company; or
- (iii)
- the person is an auditor of the company; or
- (iv)
- the person is a partner or employee of an auditor of the company; or
- (v)
- the person is a partner, employer or employee of an officer of the
company; or
- (vi)
- the person is a partner or employee of an employee of an officer of the
company.
(3) For the purposes of paragraph (2)(a), disregard a debt owed by a
natural person to a body corporate if:
- (a)
- the body corporate is:
- (i)
- an Australian ADI; or
- (ii)
- a body corporate registered under the Life Insurance Act 1995 ; and
- (b)
- the debt arose because of a loan that the body corporate or entity made to
the person in the ordinary course of its ordinary business; and
- (c)
- the person used the amount of the loan to pay the whole or part of the
purchase price of premises that the person uses as their principal place of
residence.
(4) Subsection (1) and paragraph (2)(c) do not apply to a members'
voluntary winding up of a proprietary company.
(5) Paragraph (2)(c) does not apply to a creditors' voluntary winding up
if, by a resolution of the creditors passed at a meeting of the creditors of
which 7 days notice has been given to every creditor stating the purpose of
the meeting, it is determined that that paragraph does not so apply.
(6) For the purposes of subsection (2), a person is taken to be an
officer or auditor of a company if:
- (a)
- the person is an officer or auditor
of a related body corporate; or
- (b)
- except where ASIC, if it thinks fit in the circumstances of the case,
directs that this paragraph does not apply in relation to the personthe
person has, at any time within the immediately preceding period of 2 years,
been an officer, auditor or promoter of the company or of a related body
corporate.
(7) A person must not consent to be appointed, and must not act, as liquidator
of a company if he or she is an insolvent under administration.
(8) A person must not consent to be appointed, and must not act, as liquidator
of a company that is being wound up by order of the Court unless he or she is
an official liquidator.
(9) A person must not be appointed as liquidator of a company unless the
person has, before his or her appointment, consented in writing to act as
liquidator of the company.