Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p15
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 15/60)
Character Range: 219275–222160

the transaction or dealing relates to the payment of a dividend.

5.3B.05  Consent to transactions or dealings outside the ordinary course of business
 (1) This regulation applies if the restructuring practitioner for a company under restructuring consents to a transaction or dealing under paragraph 453L(2)(b) of the Act.
 (2) The consent must be given:
 (a) in writing; or
 (b) if the restructuring practitioner is satisfied that the delay caused by giving a written consent would not be in the best interests of the company's creditors as a whole—orally.
 (3) If the consent is given in writing, the written consent must specify any conditions imposed on the consent.
 (4) If the consent is given orally, the restructuring practitioner must, within 2 business days after the day on which the consent is given:
 (a) make a written record of the consent and any conditions imposed on the consent; and
 (b) provide a copy of the written record to the company.
 (5) The restructuring practitioner must keep a record of the consent for 5 years after the day on which the consent is given.
Note: Failure to comply with this subregulation is an offence: see subsection 1311(1) of the Act.

5.3B.06  Termination of restructuring
  For the purposes of paragraph 453J(3)(b) of the Act, the following information is prescribed:
 (a) the following details about the company:
 (i) the name of the company;
 (ii) any trading name of the company;
 (iii) the ACN of the company;
 (iv) the address of the company's registered office;
 (v) any website maintained by or on behalf of the company;
 (vi) the company's email address (if any);
 (b) the following details about the restructuring practitioner:
 (i) the restructuring practitioner's name;
 (ii) the address and telephone number of the principal place where the restructuring practitioner practises as a registered liquidator;
 (iii) if the restructuring practitioner practises as a registered liquidator as a member of a firm or under a name or style other than the person's own name—the name of that firm or the name or style under which the person practises;
 (iv) the Registered Liquidator Number for the restructuring practitioner as specified on the Register of Liquidators;
 (c) the day on which the restructuring of the company began;
 (d) the day on which the notice is given to the company;
 (e) the reason for terminating the restructuring of the company;
 (f) the signature of the restructuring practitioner;
 (g) any other information that the restructuring practitioner considers appropriate.

Subdivision B—Restructuring practitioner for company under restructuring

5.3B.07  Authority
  This Subdivision is made for the purposes of subsection 453E(2) of the Act.

5.3B.08  Powers of restructuring practitioner for company under restructuring
  The restructuring practitioner for a company under restructuring has the power to