Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p54
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 54/60)
Character Range: 317056–319573

lodged with ASIC in a prescribed form must:
(a) if a form for the document is prescribed in these Regulations, be in that prescribed form; and
(b) if a form for the document is not prescribed in these Regulations but ASIC has approved a form for the document, be in that approved form.
 On 23 December 2004, a form for the document mentioned in subregulation (5) is not prescribed in these Regulations.
 (6) A statement under subregulation (5) is sufficient evidence that the notice was sent to a person on the list at the address shown for that person, in the absence of evidence to the contrary.

5.6.63  Dividend payable only on admission of a debt or claim
  A dividend in the winding up of the affairs of a company may be paid only to a creditor whose debt or claim has been admitted by the liquidator at the date of the distribution of dividends.

5.6.64  Application of regulations 5.6.37 to 5.6.57
  For regulations 5.6.64 to 5.6.71, regulations 5.6.37 to 5.6.57 apply:
 (a) to the formal proof of a debt or claim; and
 (b) to the rejection and to an appeal against the rejection of all or part of a formal proof of a debt or claim.

5.6.65  Liquidator to give notice of intention to declare a dividend
 (1) Subject to subregulation (1A), the liquidator must give notice of his or her intention to declare a dividend not more than 2 months before the intended date:
 (a) by lodging a notice with ASIC in accordance with subregulation 5.6.75(4); and
 (b) in writing, in accordance with Form 547 or, for a final dividend, in accordance with Form 548, to any person whose debt or claim has not been admitted and who:
 (i) for a winding up by the Court—is shown as a creditor in the report on the affairs of the company under subsection 475(1) of the Act; or
 (ii) for a members' voluntary winding up—appears in the company's records to be a creditor; or
 (iii) for a creditors' voluntary winding up—is shown as a creditor in the list of creditors prepared in accordance with subparagraph 497(1)(a)(ii) of the Act; or
 (iv) to the knowledge of the liquidator claims to be, or might claim to be, a creditor of the company.
 (1A) The requirement in subregulation (1) that the notice must be given not more than 2 months before the intended date does not apply in relation to a liquidator of a company that is subject to the simplified liquidation process.
 (2) A notice in accordance with subregulation (1) must specify a date, not less than 21 days after the date of the notice, on or before which formal proof, in