Who can apply for order
234 Who can apply for order
An application for an order under section 233 in relation to a company may be made by:
a member of the company, even if the application relates to an act or omission that is against:
the member in a capacity other than as a member; or
another member in their capacity as a member; or
a person who has been removed from the register of members because of a selective reduction; or
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
a person to whom a share in the company has been transmitted by will or by operation of law; or
a person whom ASIC thinks appropriate having regard to investigations it is conducting or has conducted into:
the company’s affairs; or
matters connected with the company’s affairs.
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).
For selective reduction, see subsection 256B(2).
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