Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p57
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 57/60)
Character Range: 324118–326704

that authority.

5.6.70A  Prescribed rate of interest on debts and claims from relevant date to date of payment
  For section 563B of the Act, the prescribed rate of interest on the amount paid in respect of an admitted debt or claim for the period starting on the relevant date and ending on the day on which the payment is made is 8% a year.

5.6.70B  Notice of disclaimer
 (1) This regulation is made for subsection 568A(2) of the Act.
 (2) The information about a disclaimer that is to be set out in a notice is 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 subsection 568A(2) 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 paragraph of subsection 568(1) of the Act under which the property is disclaimed;
 (e) a description of the property;
 (f) if the property is a contract (other than an unprofitable contract or a lease of land)—the date on which the Court granted leave under subsection 568(1A) of the Act;
 (g) the name and contact details of the liquidator.
Note: If subsection 568A(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.

5.6.71  Distribution of surplus in a winding up by the Court
 (1) An order in a winding up by the Court authorising the liquidator to distribute any surplus to a person entitled to it must, unless the Court otherwise directs, have annexed to it a schedule in accordance with Form 551.
 (2) The liquidator must send to each person to whom any surplus is distributed a notice in accordance with Form 552.

5.6.72  Distribution of surplus as directed
  If a person who receives a notice of distribution of surplus in accordance with subregulation 5.6.71(2) lodges with the liquidator an authority in accordance with Form 553, the liquidator must distribute that surplus to the person to whom payment is directed by that authority.

5.6.73  Eligible unsecured creditor

Creditors that are eligible unsecured creditors
 (1) For paragraph 579Q(1)(b) of the Act, the following creditors are specified:
 (a) a creditor to which either of the following applies as a result of a modification of the Act made under paragraph 571(1)(d) of the Act:
 (i) a debt payable by a company or companies in a group to any other company or companies in the group is not extinguished;
 (ii) a claim that a company or companies in a group has