Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p47
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 47/60)
Character Range: 300767–303258

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 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 day fixed under subregulation (1) or (1B), as the case requires.
 (4) A notice under subregulation (1B) may include a requirement that all, or a specified class, of debts or claims must be proved formally.
Note: If Division 1 of Part 5.6 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.

5.6.40  Preparation of a proof of debt or claim
 (1) A proof of debt or claim may be prepared by the creditor personally or by a person authorised by the creditor.
 (2) A proof prepared by an authorised person must state his or her authority and means of knowledge.

5.6.41  Disclosure of security
  A proof of debt or claim must state:
 (a) whether the creditor is or is not a secured creditor; and
 (b) the value and nature of the creditor's security (if any); and
 (c) whether the debt is secured wholly or in part.

5.6.42  Discounts
  In preparing a proof of debt or claim, a creditor must allow for all discounts for which an allowance would have been made if the company were not being wound up.

5.6.43  Periodical payments
 (1) If rent or any other payment:
 (a) falls due at stated times; and
 (b) the relevant date is a time other than one of those times;
the person entitled to the rent or other payment may submit a proof of debt or claim for a proportionate part of the rent or other payment, up to the date of the winding up order or resolution, as if the rent or payment accrued from day to day.
 (2) If the liquidator remains in control of premises rented to a company that is being wound up, subregulation (1) does not affect the right of the landlord of the premises to claim payment of rent by the company or the liquidator during the period of the company's occupation or the liquidator's control.

5.6.43A  Debt or claim of uncertain value—appeal to Court
 (1) An appeal to the Court under subsection 554A(3) of the Act must be made:
 (a) within 21 days after the person aggrieved becomes aware of the liquidator's estimate or, if the period is extended under subregulation (2), within the extended