Interpretation and application
Part 1 Interpretation and application
8101 In this Schedule:
internal creditor means:
a creditor who is a member of the company; or
a relative or spouse of a member; or
a relative of the spouse of a member.
relevant marketable securities means:
unless paragraph (b) applies—marketable securities; or
if, because of section 1235C of the Act, the subject of the Scheme is a sub‑fund of a CCIV:
shares or debentures; or
any rights or options in respect of shares.
If, because of section 1235C of the Act, the subject of the Scheme is a sub‑fund of a CCIV, that section translates most of this Schedule’s references to the company so that they are references to the sub‑fund.
Scheme means the proposed compromise or arrangement.
scheme creditors means the creditors or class of creditors of a company, to whom the Scheme would apply.
scheme members means the members or class of members of a company, to whom the Scheme would apply.
8102 This Schedule applies to a Part 5.1 body that is not a company as if:
references to a company were references to a Part 5.1 body that is not a company; and
references to a director were references to an office bearer, committee member or other office holder of the body; and
references to entitlements to voting shares were references to an ability to exercise a percentage of the total votes that could be exercised by members of the body.
This Act’s bill:Explanatory statement
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