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s 3.2

Nomination of chairperson for meeting

In force
Division 3Compromises and arrangements in relation to Part 5.1 bodies

3.2 Nomination of chairperson for meeting

Before the hearing of an application under subsection 411(1), (1A) or (1B) of the Corporations Act, the plaintiff must file an affidavit stating:

(a)

the names of the persons who have been nominated to be the chairperson and alternate chairperson of the meeting; and

(b)

that each person nominated:

(i)

is willing to act as chairperson; and

(ii)

has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and

(iii)

has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and

(c)

the name of the person (if any) proposed to be appointed to administer the proposed compromise or arrangement; and

(d)

that the person does not fall within paragraphs 411(7)(a) to (f) of the Corporations Act, except as disclosed in the affidavit.

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