Voluntary winding up commenced under old Act
97 Voluntary winding up commenced under old Act
This item applies if, before commencement:
a transitional corporation had resolved by special resolution that the transitional corporation be wound up voluntarily; and
the winding up of the transitional corporation had commenced but had not been completed.
The winding up may be continued and completed under the new Act as if it were a voluntary winding up under the new Act.
Without limiting subitem (2), a liquidator appointed before commencement to carry out the winding up of the transitional corporation is taken, after commencement, to have been appointed to carry out the winding up of the transitional corporation under the new Act.
Without limiting paragraph 526‑35(2)(b) of the new Act, regulations made under the new Act for the purposes of that paragraph may modify the operation of the Corporations Act winding up provisions in relation to a transitional corporation to which this item applies.
This Act’s bill:Explanatory memorandumSecond reading speech
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