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Offence title: |
Information about the company’s affairs |
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Act: |
497 Corporations Act |
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Offence: |
(1) The liquidator must, within 10 days of the liquidator meeting with the company at which a resolution for voluntary winding up is passed: (a) send to each creditor: i. a summary of affairs of the company in prescribed form; and ii. a list of the names and addresses of creditors and the estimated amounts of their claims, as shown in the books; and (b) lodge a copy of the documents in (a).
(2) The list in (1)(a)(ii) must identify any creditors that are related entities of the company.
(3) Unless the court orders, the list in (1)(a)(ii) need not be sent to creditors owed less than $1,000. (4) Within 5 days of the meeting resolving to voluntarily wind up the company, the directors must provide a report to the liquidator, in approved form, about the company’s business, property, affairs and financial circumstances. (6) The liquidator must, within 10 business days after receiving a report under subsection (4), lodge a copy of the report.
(7) A person must not contravene subsection (6). |
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Penalty: |
(1) – 3 months imprisonment.
(4) – 50 penalty units.
(7) – 20 penalty units. |
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Summary/Indictable/mixed: |
Summary |
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Jurisdiction: |
Local Court |
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How committed: |
(1) Within 10 days of the voluntary winding up resolution being made the, the liquidator fails to send to each creditor a summary of the affairs of the company and aa list of the names and addresses of the creditors and the estimated value of claims on the books of the company.
(4) Within 5 days of the resolution to wind up the company the directors fail to send a report to the liquidator a report about the company’s business, property, affairs and financial circumstances.
(7) The liquidator fails to lodge the report in ss. (4) with 10 business days of receiving it. |
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Important note: |
Defence: reasonable excuse |
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