Notice of appointment of restructuring practitioner for company
5.3B.50 Notice of appointment of restructuring practitioner for company
Within 1 business day after the day on which a restructuring practitioner for a company is appointed, the restructuring practitioner must lodge with ASIC notice of the appointment:
in the prescribed form (if any); and
in accordance with subregulation 5.6.75(4).
Failure to comply with this subregulation is an offence: see subsection 1311(1) of the Act.
Within 1 business day after the day on which a restructuring practitioner for a company is appointed, the restructuring practitioner must give information about the following to as many of the company’s creditors as reasonably practicable:
the fact that the restructuring practitioner has been appointed in relation to the company;
the name of the company;
any trading name of the company;
the ACN of the company;
the name and contact details of the restructuring practitioner;
the date on which the restructuring practitioner was appointed;
the restructuring process and the process of making a restructuring plan, including:
the proposal period in relation to the company; and
the amount of time in which an affected creditor may decide whether a proposed restructuring plan should be accepted; and
how an affected creditor may verify or dispute the creditor’s admissible debts or claims;
how a person may obtain further information about the restructuring process and the process of making a restructuring plan;
the right of creditors to request information, reports and documents under sections 70‑40 and 70‑45 of Schedule 2 to the Act.
Failure to comply with this subregulation is an offence: see subsection 1311(1) of the Act.
This Act’s bill:Explanatory statement
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