Corporations Information Sheet 2
Winding up checklist
In the matter of: ________________________________________________
| Corporations Act | Corporations Rules |
---|---|---|
PRESUMPTION OF INSOLVENCY | 459C | |
FAILURE TO COMPLY WITH STATUTORY DEMAND | 459Q | |
Correct form | 459E(2)(e) Form 509H (Regs) | |
Debt/s $2,000 or more | 9; 459E(1) | |
Requires debt to be paid, or secured within 21 days after demand served | 459E(2)(c) | |
Signed by or on behalf of creditor | 459E(2)(f) | |
Affidavit in support of demand | ||
Verifies that debt, or total of the amounts of the debts, is due and payable by the company; and | 459E(3)(a) | |
Complies with Form 7 | 459E (3) | 5.2(a) |
Deponent authorised to swear | 459E (3) | 5.2(b) |
No reference to Court or proceeding number | 459E (3) | 5.2(c) |
OTHER PRESUMPTION OF INSOLVENCY | 459C | |
WINDING UP FOR FAILURE TO COMPLY WITH STATUTORY DEMAND | ||
Date of presumption of insolvency in issue: Yes/No | 459C(2) | |
Title in accordance with Form 1 | 2.1 | |
Originating process in accordance with Form 2 | 2.2(3) | |
Sets out particulars of service of the demand on the company and failure to comply with the demand | 459Q(a) | Form 2, Part C |
Attaches copy of demand and any order made under 459H(4) | 459Q(b) | |
Capacity of applicant: | 459P(1); 462; 464 | |
Leave required? | 459P(2) | 5.3 |
OTHER GROUNDS FOR WINDING UP | 461, 464 | |
AFFIDAVIT IN SUPPORT | ||
Deponent authorised to swear | 5.4(1); 2.5 | |
Made within 7 days before the originating process was filed. | 5.4(4) | |
Annexes result of ASIC search carried out no earlier than 7 days before the originating process was filed. | 2.4(2) | |
Verifies the facts in support of application for winding up | 2.4(1) | |
(a) If the application is made in reliance on a failure by the company to comply with a statutory demand: | 459Q | 5.4(2) |
(b) If the application is made under para. 461(1)(a) of the Corporations Act: | 5.4(3) | |
LIQUIDATOR'S CONSENT | Form 8 | |
Liquidator's consent served at least 1 day before hearing | 5.5(3)(b) | |
Includes hourly rates | Form 8 | |
AFFIDAVIT OF SERVICE OF ORIGINATING PROCESS | ||
Annexes copy of originating process | ||
Originating process served within 14 days of filing | 465A | |
Originating process served more than 5 days before hearing | 2.7(1) | |
|
109X; 459E | 2.7(1) |
Manner of service permitted by s109X | 109X | |
AFFIDAVIT OF LODGMENT OF NOTICE AT ASIC | ||
Annexes copy of notice as lodged | 465A(a) | |
Notice lodged no later than 10.30am next business day after filing application | 470(1)(a) | |
AFFIDAVIT/MEMORANDUM OF PUBLICATION OF NOTICE OF APPLICATION | ||
Made by the person or the person's legal practitioner | 2.12(2)(a) | |
States date of publication | 2.12(2)(a) | |
Copy of notice annexed | 2.12(2)(a) | |
Notice complies with Form 9 | 5.6(2)(a) (Reg 5.4.01A) | |
Notice published more than 3 days after service of originating process and more than 7 days prior to hearing | 465A | 5.6(2)(b) |
Published in the prescribed manner - ASIC Insolvency Notices website | 465A | (Regs 5.6.75) |
PERSON INTENDING TO OPPOSE APPLICATION OR PETITION | ||
Notice of Appearance (Form 4) | 2.9(1)(a)(i) | |
Notice of the grounds on which the person opposes the application | 465C(a) | 2.9(2) |
Affidavit verifying matters stated in the notice. | 465C(b) | |
| 2.9(1)(b)(i); 2.9(3) | |
ORDER MADE WITHIN 6 MONTHS OF FILING (or within time as extended) | 459R |