Form 586
(subparagraph 206F(1)(b)(i))
Form 586
Corporations Act 2001
Subparagraph 206F(1)(b)(i)
Notice to demonstrate why disqualification should not occur
IN THE MATTER of (1)__________________________________
Notice to demonstrate why disqualification should not occur
under section 206F of the Corporations Act 2001.
To: (2) ________________________________________________________
The records of the Australian Securities and Investments Commission (ASIC) show that you are or were an officer of ______ (3) corporations that have been wound up, being ____________________________________________________________(4),
where a liquidator has reported under subsection 533(1) of the Corporations Act 2001 (the Act) that each of the corporations may be unable to pay its unsecured creditors more than 50 cents in the dollar.
In these circumstances you are required to demonstrate, in accordance with subparagraph 206F(1)(b)(i) of the Act, why you should not be disqualified from managing corporations.
Under subsection 206F(1) of the Act you may be disqualified from managing corporations for a period of up to 5 years.
In making a decision under subsection 206F(1) of the Act ASIC is required to give you an opportunity to be heard in relation to why you should not be disqualified from managing corporations.
AREAS OF CONCERN
ASIC has identified a number of concerns about your conduct which are described in Attachment "A".
The documents on which these concerns are based are listed in Attachment "B".
OPPORTUNITY TO BE HEARD
If you wish to demonstrate why you should not be disqualified from managing corporations you should notify ASIC within 14 days from the date of service of this notice that you require an opportunity of being heard.
You may exercise your right to be heard by:
- making a written submission;
- appearing before a person ASIC has appointed to hear the matter (the delegate) and making submissions orally and appearing before the delegate to present evidence.
You may exercise your right by doing any or all of these options.
Once you have notified ASIC of your wish to demonstrate why you should not be disqualified a delegate will write to you with further details of the hearing procedure. The delegate will also inform you of the delegate’s decision as to whether the hearing will take place at one or more physical venues and/or by means of virtual enquiry technology.
If you do not wish to demonstrate why you should not be disqualified, a decision will be made by a delegate on the information available.
If you wish to have access to the documents listed in Attachment "B" you should contact ASIC as soon as possible. Access to documents which are identified as "confidential" may be given subject to strict conditions of confidentiality.
Dated this ___________________ day of __________________________20_________
Signed _____________________________________________________________
Delegate of the Australian Securities and Investments Commission
Attachments
Attachment “A”
Areas of concern
Attachment “B”
List of documents upon which concerns are based
DIRECTIONS
- Insert name of person subject of the notice.
- Insert name of person subject of the notice.
- Insert number of corporations of which person was an officer.
- Insert names and ACNs of corporations.
- Insert full name of delegate signing the notice.
This Act’s bill:Explanatory statement
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