Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p79
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 194718–197383

the receiver;
     (q) to appoint an agent to do any business that the receiver is unable to do himself or that can more conveniently be done by an agent;
     (r) where a debt or liability is owed to the corporation—to prove the debt or liability in a bankruptcy, insolvency or winding up and, in connection therewith, to receive dividends and to assent to a proposal for a composition or a scheme of arrangement;
     (s) where the receiver was appointed under an instrument that created a charge on uncalled capital or uncalled premiums of the corporation—
          (i) in the name of the corporation, to make a call in respect of money unpaid on shares in the corporation (whether on account of the nominal value of the shares or by way of premium); or
          (ii) upon the giving of a proper indemnity to a liquidator of the corporation—in the name of the liquidator, to make a call in respect of money unpaid on account of the nominal value of shares in the corporation;
     (t) to enforce payment of any call that is due and unpaid, whether the calls were made by the receiver or otherwise;

     (u) to make or defend an application for the winding up of the corporation; and
     (v) to refer to arbitration any question affecting the corporation.
"(3) The conferring by this section on a receiver of powers in relation to property of a corporation does not affect any rights in relation to that property of any other person other than the corporation.
"(4) In this section, a reference, in relation to a receiver, to property of a corporation is, unless the contrary intention appears, a reference to the property of the corporation in relation to which the receiver was appointed.
"(5) This section does not apply in relation to a receiver appointed before the commencement of section 93 of the Companies and Securities Legislation (Miscellaneous Amendments) Act 1983, but nothing in this section shall be taken to limit by implication the powers of such a receiver.

Duties of receiver with respect to bank accounts and accounting records
"324b. (1) A receiver of property of a corporation shall—
     (a) open and maintain a bank account bearing his own name, the title 'receiver' and the name of the corporation;
     (b) within 3 business days after money of the corporation comes under his control, pay that money into the account referred to in paragraph (a);
     (c) ensure that the account referred to in paragraph (a) does not contain any moneys other than the moneys of the corporation that come under his control; and
     (d) keep such accounting records as correctly record and explain all transactions entered into by him as receiver.