Document ID: chunk:federal_register_of_legislation:C2025C00185:section:435c
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 435C
Character Range: 1505053–1507699

435C  When administration begins and ends
 (1) The administration of a company:
 (a) begins when an administrator of the company is appointed under section 436A, 436B or 436C; and
 (b) ends on the happening of whichever event of a kind referred to in subsection (2) or (3) happens first after the administration begins.
 (2) The normal outcome of the administration of a company is that:
 (a) a deed of company arrangement is executed by both the company and the deed's administrator; or
 (b) the company's creditors resolve under paragraph 439C(b) that the administration should end; or
 (c) the company's creditors resolve under paragraph 439C(c) that the company be wound up.
 (3) However, the administration of a company may also end because:
 (a) the Court orders, under section 447A or otherwise, that the administration is to end, for example, because the Court is satisfied that the company is solvent; or
 (b) the convening period, as fixed by subsection 439A(5), for a meeting of the company's creditors ends:
 (i) without the meeting being convened in accordance with section 439A; and
 (ii) without an application being made for the Court to extend under subsection 439A(6) the convening period for the meeting; or
 (c) an application for the Court to extend under subsection 439A(6) the convening period for such a meeting is finally determined or otherwise disposed of otherwise than by the Court extending the convening period; or
 (d) the convening period, as extended under subsection 439A(6), for such a meeting ends without the meeting being convened in accordance with section 439A; or
 (e) such a meeting convened under section 439A ends (whether or not it was earlier adjourned) without a resolution under section 439C being passed at the meeting; or
 (f) the company contravenes subsection 444B(2) by failing to execute a proposed deed of company arrangement; or
 (g) the Court appoints a provisional liquidator of the company, or orders that the company be wound up; or
 (h) if the company is a general insurer (within the meaning of the Insurance Act 1973)—management of the general insurer vests in a judicial manager of the company appointed by the Federal Court under Part VB of the Insurance Act 1973; or
 (i) if the company is a life company (within the meaning of the Life Insurance Act 1995)—management of the life company vests in a judicial manager of the life company appointed by the Federal Court under Part 8 of the Life Insurance Act 1995.
 (4) During the administration of a company, the company is taken to be under administration.

Division 2—Appointment of administrator and first meeting of creditors