Document ID: chunk:federal_register_of_legislation:F2022C01140:body:0:p27
Version: federal_register_of_legislation:F2022C01140
Segment Type: other
Provision Reference: 
Character Range: 77893–80853

Notice of appointment

        (2) If an external administrator is appointed:
           (a) under subsection 436E(4), subsection 444A(2) or subsection 449C(1), (4) or (6) of the Act; or
           (b) by the Court under section 90‑15 of the Insolvency Practice Schedule (Corporations);
       the external administrator must lodge with ASIC a notice of the appointment in the approved form before the end of the next business day after the appointment.

Notice of restructuring plan
 (2A) If, at any time after a company makes a restructuring plan, ASIC requests a copy of the plan, the restructuring practitioner for the plan must comply with the request as soon as reasonably practicable.

       Notice of ending of administration

        (3) If the administration of a company ends on the happening of an event of a kind mentioned in subsection 435C(2) or (3) of the Act, the external administrator of the company must lodge with ASIC a notice of the happening of the event and the ending of the administration of the company as soon as practicable after the event.

        (4) Subsection (3) does not apply if a notice of the happening of the event is lodged with ASIC in accordance with the Act.

       Division 75—Meetings

       Subdivision A—Preliminary

       75‑1  Authority

         Unless otherwise specified, this Division:
           (a) is made for the purposes of section 75‑50 of the Insolvency Practice Schedule (Corporations); and
           (b) applies in relation to meetings concerning companies under external administration.

       Subdivision B—Convening meetings

       75‑5  When certain meetings must be convened

        (1) A meeting directed to be convened under section 75‑15 of the Insolvency Practice Schedule (Corporations) must be held as soon as reasonably practicable.

        (2) Subsection (1) does not apply if, under the Act or these Rules, it is not reasonable for the external administrator to comply with the direction to convene the meeting.

       75‑10  Persons to whom notice of meetings to be given

         The convenor of a meeting must give notice in writing of the meeting to as many of the persons appearing on the company's books or otherwise to be:
           (a) in the case of a meeting of members, creditors or contributories of the company—a member, creditor or contributory of the company; or
           (b) in the case of a joint meeting of creditors and members of the company—a member or creditor of the company; or
           (c) in the case of a meeting of a committee of inspection—a member of the committee of inspection; or
           (d) in the case of a meeting of eligible employee creditors—an eligible employee creditor; or
           (e) in the case of a meeting of creditors of companies in a pooled group—the creditors of a company in the group;
       as reasonably practicable.

            Note: Notice of the meeting must be lodged with ASIC—see section 75‑40.