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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 583

Winding up Part 5.7 bodies

Subject to this Part, a Part 5.7 body may be wound up under this Chapter and this Chapter applies accordingly to a Part 5.7 body with such adaptations as are necessary, including the following adaptations:

(a)
the principal place of business of a Part 5.7 body in this jurisdiction is taken, for all the purposes of the winding up, to be the registered office of the Part 5.7 body;

(b)
a Part 5.7 body is not to be wound up voluntarily under this Chapter;

(c)
the circumstances in which a Part 5.7 body may be wound up are as follows:

(i)
if the Part 5.7 body is unable to pay its debts, has been dissolved or deregistered, has ceased to carry on business in this jurisdiction or has a place of business in this jurisdiction only for the purpose of winding up its affairs;
(ii)
if the Court is of opinion that it is just and equitable that the Part 5.7 body should be wound up;
(iii)
if ASIC has stated in a report prepared under Division 1 of Part 3 of the ASIC Act that, in its opinion:

(A) the Part 5.7 body cannot pay its debts and should be wound up; or (B) it is in the interests of the public, of the members, or of the creditors, that the Part 5.7 body should be wound up;

(d)
if the Part 5.7 body is a registrable Australian body—the winding up must deal only with the affairs of the body outside its place of origin.



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