Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p46
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 46/60)
Character Range: 298333–300984

Validity of things done during process
 (3) Subject to this regulation, the cessation of the simplified liquidation process in relation to a company does not affect the validity of anything that was done in good faith in relation to the company before the cessation.

Reports by liquidator
 (4) If, at any time during the simplified liquidation process, it appeared to the liquidator that one or more of the circumstances in paragraph 533(1)(a), (b) or (c) existed, section 533 of the Act applies in relation to the liquidator as if paragraph 533(1)(d) were modified by omitting "within 6 months" and substituting "within 6 months after the day on which the simplified liquidation process in relation to the company ended".

5.5.09  Working out whether the 25% in value of creditors test met
  For the purposes of paragraph 500AD(b) of the Act, a person who is a related entity, and a creditor, of the company is not to be taken into account.

Part 5.6—Winding up generally

5.6.11  Meaning of proof of debt or claim
  In regulations 5.6.37 to 5.6.57, unless the contrary intention appears:
proof of debt or claim includes a statement of particulars of a debt or claim submitted in accordance with regulation 5.6.39, as well as a formal proof of debt or claim.

5.6.37  Establishing title to priority
  Regulations 5.6.39 to 5.6.57 (inclusive) apply to the establishment of a title to priority as if it were a debt or claim.

5.6.39  Notice to submit particulars of debt or claim

Companies not subject to the simplified liquidation process
 (1) Subject to subregulations (1A) and (1B), a liquidator may from time to time fix a day, not less than 14 days after the day on which notice is given in accordance with subregulation (2), on or before which a creditor may submit particulars of his or her debt or claim.

Companies subject to the simplified liquidation process
 (1A) Subregulation (1) does not apply in relation to a liquidator of a company that is subject to the simplified liquidation process.
 (1B) A liquidator of a company that is subject to the simplified liquidation process must fix a single day that is 14 days after the day on which notice is given in accordance with subregulation (2), on or before which a creditor may submit particulars of his or her debt or claim.

Notice requirements
 (2) A notice under subregulation (1) or (1B) must be lodged with ASIC in accordance with subregulation 5.6.75(4).
 (3) A notice under subregulation (1) or (1B) must state at least the following information:
 (a) the name of the company;
 (b) any trading name of the company;
 (c) the ACN of the company;
 (ca) if Division 1 of Part 5.6 of