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s 249

Subordinated debt

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Part 10Funds and property
Division 1Power to raise money

249 Subordinated debt

(1)

In this section —

subordinated debt means debt incurred under an agreement under which, in the event of the winding‑up of the co‑operative, a claim of the creditor against the co‑operative in relation to the debt is to rank in priority —

(a)

equally with the claim of another creditor who is a party to a similar agreement; and

(b)

except as provided by paragraph (a), after the claims of another creditor of the co‑operative and before the claims of members to repayment of share capital in the co‑operative.

(2)

A co‑operative may incur subordinated debt.

(3)

An agreement under which subordinated debt is incurred has effect despite the provisions of the Corporations Act Part 5.6 Division 6, as applied under Part 12 Division 3 of this Act.

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