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s 316

Application of Corporations Act to winding‑up and deregistration

In force
Part 12Merger, transfer of engagements, winding‑up
Division 3Winding‑up and deregistration

316 Application of Corporations Act to winding‑up and deregistration

(1)

This section does not apply to the winding‑up of a co‑operative on the certificate of the Registrar under section 314.

(2)

The winding‑up or deregistration of a co‑operative, and a deregistered co‑operative, are declared to be applied Corporations legislation matters for the purposes of the Corporations (Ancillary Provisions) Act 2001 Part 3 in relation to the provisions of the Corporations Act Parts 5.4, 5.4A, 5.4B, 5.5, 5.6 and 5A.1, subject to the modifications set out in Schedule 6 Division 1.

(3)

Despite any other provisions of this Act —

(a)

a copy of the special resolution for the voluntary winding‑up of a co‑operative referred to in the Corporations Act section 491(2)(a) as applying under this section is to be filed with the Registrar —

(i)

within the period referred to in that paragraph (and not the period of 28 days referred to in section 181(2) of this Act); or

(ii)

within a longer period approved by the Registrar;

and

(b)

the form of a notice or account required to be given or lodged by a liquidator under the Corporations Act section 496, 497, 537 or 539 as applying under this section is the form required under the section concerned but with any necessary modifications (and not a form approved under this Act); and

(c)

the quorum for the meeting referred to in the Corporations Act section 509 as applying under this section is the quorum referred to in that section (and not a quorum determined under section 193 of this Act); and

(d)

the time when a voluntary winding‑up is taken to commence is to be determined under the Corporations Act section 513B as applying under this section and is not affected by section 180 of this Act.

(4)

The provisions of the Corporations Act applying under this section have effect subject to any other sections of this Part.

[Section 316 inserted: No. 7 of 2016 s. 107.]

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Section 316 — Application of Corporations Act to winding‑up and deregistration — Co-operatives Act 2009 (Western Australia) — Barrister AI