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StatuteCorporations Act 2001

Section 453F — Corporations Act 2001: Directors to help restructuring practitioner

Text of the provision Official document

(1) A director of a company under restructuring must: (a) attend on the restructuring practitioner; and (b) give the restructuring practitioner information about the company’s business, property, affairs and financial circumstances; and (c) allow the restructuring practitioner to inspect and take copies of the company’s books; at the times and in the manner reasonably required by the restructuring practitioner. (2) A person must not fail to comply with subsection (1). Penalty: 120 penalty units. (3) An offence based on subsection (1) is an offence of strict liability. (4) Subsection (3) does not apply to the extent that the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (4), see subsection 13.3(3) of the Criminal Code.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.