Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p42
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 42/60)
Character Range: 288570–291308

of the Act applies for a sub‑fund of a CCIV because of section 1237B of the Act—the ARFN of the sub‑fund.
Note: If subsection 465A(2) of the Act applies for a sub‑fund of a CCIV because of section 1237B of the Act, that section translates most of this sub‑regulation's references to the company so that they are references to the sub‑fund.

5.4.02  Compromise of debt by liquidator—prescribed amount
  For paragraph 477(2A)(a) of the Act, the amount of $100,000 is prescribed.

Part 5.4C—Winding up by ASIC

5.4C.01  Notice of intention to order winding up of a company
 (1) For subparagraph 489EA(6)(b)(ii) of the Act, this regulation prescribes the manner of publishing notice of ASIC's intention to make an order under subsection 489EA(1), (2), (3) or (4) of the Act.
 (2) Notice is to be published on the publication website, established under subsection 5.6.75(1), at least 10 business days before ASIC makes the order.

Part 5.5—Voluntary winding up

Division 1—Resolution for winding up

5.5.01  Notice of resolution to wind up voluntarily
 (1) This regulation is made for paragraph 491(2)(b) of the Act.
 (2) The information about a resolution that is to be set out in a notice is at least the following information:
 (a) the name of the company;
 (b) any business name of the company;
 (c) the ACN of the company;
 (ca) if paragraph 491(2)(b) of the Act applies for a sub‑fund of a CCIV because of section 1237B of the Act—the ARFN of the sub‑fund;
 (d) the section of the Act under which the notice is being given;
 (e) the name and contact details of the liquidator;
 (f) the date on which the resolution was passed.
 (3) The notice must be published by the end of the next business day after a liquidator is appointed to administer the winding up of the company.
Note: If paragraph 491(2)(b) of the Act applies for a sub‑fund of a CCIV because of section 1237B of the Act, that section translates most of this regulation's references to the company so that they are references to the sub‑fund.

Division 2—Simplified liquidation process

Subdivision A—Preliminary

5.5.02  Declaration about eligibility for simplified liquidation process and other matters
  For the purposes of subsection 498(3) of the Act, the following information is prescribed:
 (a) whether, in the directors' opinion, there are reasonable grounds to believe that the company has entered into a transaction that would be voidable under section 588FE of the Act, other than a transaction that would be an unfair preference;
 (b) whether, in the directors' opinion, there are reasonable grounds to believe that, on the declaration being given, the eligibility criteria for the simplified liquidation process will be met in relation to the company, and the