Formal Appointments – an overview

TYPE

COMMENCED BY

REASON

WHO MAY ACT

APPOINTEE TITLE

POWERS FROM

INDIVIDUALS

BANKRUPTCY

 Bankruptcy

Creditor or debtor

Realise assets to pay creditors

Registered Trustee or Official Receiver

Trustee or Official Receiver

Bankruptcy Act

ARRANGEMENT UNDER PART X OF THE BANKRUPTCY ACT

Personal Insolvency Agreement (“PIA”)

Debtor

Arrangement to pay creditors

Registered Trustee

Trustee

Bankruptcy Act

COMPANIES

LIQUIDATION

Court Liquidation

Creditor, Director or Member

Realise assets to pay creditors

Official Liquidator

Official Liquidator

Corporations Act

Provisional liquidation

Creditor, Director or Member

Preserve assets in the short term

Official Liquidator

Provisional Liquidator

Corporations Act

Creditors’ voluntary liquidation

Members & Creditors

Realise assets to pay creditors

Registered Liquidator

Liquidator

Corporations Act

Members’ voluntary liquidation

Members

Wind up of a solvent company

Registered Liquidator

Liquidator

Corporations Act

CONTROLLER

Agent for the Mortgagee

Mortgagee

Realise assets to pay mortgage

Anyone

Controller or Managing Controller

Mortgage document

Receivership

Private Mortgagee

Realise assets to pay mortgage

Registered Liquidator

Receiver or Receiver & Manager

Mortgage document and Corporations Act

Court Appointed Receiver

Creditor, Director or Member

Control given to receiver usually as a result of a dispute

Registered Liquidator

Receiver

Court Orders and Corporations Act

VOLUNTARY ADMINISTRATION

Voluntary Administration

Directors or Mortgagee

Control handed to Administrator to recommend best course.

Registered Liquidator

Administrator

Corporations Act

phoneNumber

(02)9290 1110

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