Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:1_234
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 1 cl 234
Character Range: 114830–115924

234  Who can apply for order

  An application for an order under section 233 in relation to a company may be made by:
 (a) a member of the company, even if the application relates to an act or omission that is against:
 (i) the member in a capacity other than as a member; or
 (ii) another member in their capacity as a member; or
 (b) a person who has been removed from the register of members because of a selective reduction; or
 (c) a person who has ceased to be a member of the company if the application relates to the circumstances in which they ceased to be a member; or
 (d) a person to whom a share in the company has been transmitted by will or by operation of law; or
 (e) a person whom ASIC thinks appropriate having regard to investigations it is conducting or has conducted into:
 (i) the company's affairs; or
 (ii) matters connected with the company's affairs.

Note 1: If an application is made under this section, in certain cases the court may order that the company be wound up in insolvency (see section 459B).

Note 2: For selective reduction, see subsection 256B(2).