Controlling trustee to give Official Receiver copy of special resolution and certain particulars
62 Controlling trustee to give Official Receiver copy of special resolution and certain particulars
Scope
This section applies if:
under an authority under section 188 of the Act, a controlling trustee calls a meeting of a debtor’s creditors; and
a special resolution is passed at the meeting under subsection 204(1) of the Act.
Information to be given to Official Receiver
The controlling trustee must:
give to the Official Receiver:
a copy of the resolution; and
written notice of the particulars specified in subsection (3); and
do so within 5 business days after the day the resolution is passed.
The following particulars are specified:
the date of the resolution;
the debtor’s full name and alias (if any);
the debtor’s address;
the debtor’s occupation (if any);
if the resolution requires the debtor to execute a personal insolvency agreement—the name of each person nominated under subsection 204(3) of the Act to be a trustee of the agreement.
Official Trustee not required to give information
However, subsection (2) does not apply if the controlling trustee is the Official Trustee.
Offence
A person commits an offence if:
the person is required to give notice, and a copy of a resolution, in accordance with subsection (2); and
the person fails to comply with the requirement.
Penalty: 1 penalty unit.
An offence against subsection (5) is an offence of strict liability.
This Act’s bill:Explanatory statement
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