Companies Regulations (ACT)
COMPANIES ORDINANCE
COMPANIES REGULATIONS*
REGULATIONS 1970 No. If
1. These Regulations shall come into operation on the nineteenth day of
January, 1970.
2. Regulation 2 of the Companies Regulations is amended— (a) by omitting the words and figures—
" Part IV.—Official Management (Regulations 22-24).";
(Z>) by omitting the words and figures—
"Division 1.—Meetings of Creditors and Contributories (Regula
tions 25-36)."
and inserting in their stead the words and figures—
"Division 1.—Meetings of Creditors (Regulations 25-31).";
(c) by omitting the words and figures—
"Division 4.—Proxies of Creditors and Contributories (Regula
tions 51-59) "
and inserting in their stead the words and figures—
" Division 4.—Proxies of Creditors (Regulations 51-56).";
and
(d) by omitting the words and figures— " Part VI.—Proof of Debts in Voluntary Winding up (Regulations
60-72).".
3. Regulation 16 of the Companies Regulations is amended—
(a) by omitting paragraph (b) and inserting in its stead the following paragraphs:—
" (b) in the case of a copy lodged for the purpose of sub-section
(18.) of section 199 of the Ordinance—by a director or
| on 15 January 1970. |
secretary of the company;
" (bd) in the case of a copy lodged for the purpose of sub-section (11.) of section 206 of the Ordinance—by the person who, immediately before the appointment of the liquidator, was the official manager of the company; and "; and
(b) by adding at the end thereof the following sub-regulations:—
" (2.) The copy of the report of the person who was the official manager of a company that is required by sub-section (5.) of section 212 of the Ordinance to be lodged with the Registrar is a copy certified in writing by that person to be a true copy of the original report.
" (3.) Where a copy of a statement or report referred to in a
preceding provision of this regulation is required to be lodged togetherwith, or have attached to it, a copy of a certificate or other document,
* Regulations 1962, N o . 4, as amended by Regulations 1962, N o . 10.
| t Made under the Companies | Ordinance 1962-1969 on 8 January 1970; notified in the Commonwealth | Gazette |
that last-mentioned copy shall be a copy certified in writing by the person required to lodge the copy of the statement or report or, in the case of a company, by a director or secretary of the company, to be a true copy of the original certificate or document.".
4. Part IV. of the Companies Regulations is repealed.
5. Division 1 of Part V. of the Companies Regulations is repealed and the following Division is inserted in its stead:—
" Division 1.—Meetings of Creditors.
" 25. Except where provision to the contrary is made by the Ordinance, the provisions of this Division apply to, and in relation to, a meeting of the creditors of a company (being a meeting relating to the official management of the com pany) referred in sub-section (1.) of section 203c, sub-section (1.) or sub section (4.) of section 204, paragraph (c) of sub-section (1.) , or sub-section (4.), of section 206, section 212 or sub-section (4.) of section 214, of the Ordinance.
" 26.—(1.) The person calling a meeting of creditors of a company shall give not less than seven days' notice of the time and place of the meeting by advertise ment in a daily newspaper published in the Territory and shall, not less than seven days before the day appointed for the meeting, send notice of the meeting by post to every person appearing by the company's books or otherwise to be a creditor of the company.
" (2.) The advertisement referred to in the last preceding sub-regulation and a notice sent to a person in accordance with that sub-regulation shall each be in accordance with Form 92.
" (3.) A notice to a creditor shall be sent to the address given in the last statement of affairs of the company prepared before the sending of the notice or, if no address is given in that statement, to the address of the creditor last known to the person calling the meeting.
"27.—(1.) A meeting of the creditors of a company shall not act for any purpose except the election of a chairman and the adjournment of the meeting unless there are present or represented at least two creditors entitled to vote at the meeting, or, if the number of creditors entitled to vote at the meeting does
creditors of a company, a quorum is not present, the meeting shall stand adjourned not exceed two, all those creditors. " (2.) If, within half-an-hour after the time appointed for a meeting of to a day (not being less than seven days, or more than twenty-one days, from the day from which the meeting is adjourned), and to such time and place, as the chairman appoints or, if the chairman does not appoint a day, to a day seven days after the day from which the meeting is adjourned and at the same time and place as the time and place specified in the notice of the meeting.
" 28. Subject to sub-section (2.) of section 203 of the Ordinance, the persons present at a meeting of the creditors of a company shall elect one of their number to be the chairman of the meeting.
" 29. The chairman of a meeting of creditors of a company shall, if so directed by the meeting, or may, if the meeting consents, adjourn the meeting from time to time and from place to place, but the adjourned meeting shall be held at the same place as the original place of meeting unless in the resolution for adjourn ment another place is specified or unless the Court otherwise orders.
" 30. At a meeting of creditors of a company, a resolution shall be taken to
be passed if a majority in number and in value of the creditors voting, either
personally or by proxy, on the resolution vote in favour of the resolution.
" 31. The chairman of a meeting of creditors of a company—
(a) shall cause minutes of the proceedings at the meeting to be entered in a book kept for the purpose; (b) shall sign the minutes; and (c) shall cause a list of the names of the creditors present at the meeting to be made and kept.".
6. Regulation 37 of the Companies Regulations is amended by omitting the
words "paragraph (c) of sub-section (3.) of section 7 4 " and inserting in their
stead the words " sub-section (1.) of section 74B ".
7. Regulation 43 of the Companies Regulations is repealed and the following regulation inserted in its stead:-—
" 43. Except where provision to the contrary is made by the Ordinance or in the articles of the company concerned, the provisions of this Division apply to, and in relation to, a joint meeting of the creditors and members of a company called by the official manager of the company under sub-section (1.) of section
203A, or sub-section (4.) of section 214, of the Ordinance.".
8. Regulation 44 of the Companies Regulations is amended by omitting from sub-regulation (1.) the words and figures "sub-section (2.) of section 213 " and inserting in their stead the words and figures "sub-section (4.) of section 214".
9. Regulation 45 of the Companies Regulations is amended by omitting the words "sub-section (2.) of section 213 of the Ordinance or under sub-section (1.) of section 271 " and inserting in their stead the words "sub-section (1.) of
section 203A, or sub-section (4.) of section 214,".
10. Regulation 46 of the Companies Regulations is repealed and the following regulation inserted in its stead:—
"46. The persons present at a joint meeting called under sub-section (1.) of section 203A, or sub-section (4.) of section 214, of the Ordinance shall elect one
of their number to be the chairman of the meeting.".
| 11. Regulation 47 of the Companies Regulations is amended by omitting the words and figures "sub-section (2.) of section 213 of the Ordinance or | under sub-section (1.) of section 271 " and inserting in their stead the words and |
| figures "sub-section (1.) of section 203A, or sub-section (4.) of section 214,". | |
| 12. Regulation 50 of the Companies Regulations is amended by omitting the words and figures "sub-section (2.) of section 213 of the Ordinance or under sub-section (1.) of section 271 " and inserting in their stead the words | |
| and figures " sub-section (1.) of section 203A, or sub-section (4.) of section 214,". | |
| 13. Division 4 of Part V. of the Companies Regulations is repealed and the following Division is inserted in its stead:— |
" Division 4.—Proxies of Creditors.
"51.—(1.) A creditor entitled to attend and vote at a meeting referred to in regulation 25 or regulation 43 of these Regulations may appoint another person (whether a creditor or not) as his proxy to attend and vote instead of the creditor at the meeting.
" (2.) A proxy appointed under this regulation has the same right to speak at the meeting as the creditor appointing him.
"52.—(1.) The appointment of a person as the proxy of a creditor shall be made by an instrument of appointment in accordance with Form 93.
" (2.) Subject to the next succeeding regulation, the instrument appointing a proxy shall be signed by the person appointing the proxy in the presence of a person (not being the person nominated as proxy) who shall add to his signature his description and the address of his place of residence.
" 53. The proxy of a creditor who is blind or incapable of writing shall be sufficient for the purposes of these Regulations if the creditor attaches his signature or mark to the instrument appointing the proxy in the presence of a person (not being the person nominated as proxy) who completes the instrument in accordance with the last preceding regulation, and also completes and signs the certificate set out in Form 93." 54. The person calling a meeting of creditors of a company or a joint meeting of a company and the creditors of the company shall send a form of proxy to each creditor with the notice of the meeting and shall ensure that neither the name nor the description of any person is inserted in the body of the form before it is so sent.
" 55. A creditor may give a general proxy to any person who is not a minor. " 56. A creditor may give a special proxy to any person to vote at a specified meeting or adjournment of that meeting on all or any questions relating to any matter arising at the meeting or an adjournment of the meeting.".
14. Part VI. of the Companies Regulations is repealed.
15. Regulation 74 of the Companies Regulations is amended— (a) by omitting paragraph (b) of sub-regulation (2.);
(b)
by omitting paragraphs (i), (j) and (k) of sub-regulation (2.) and inserting in their stead the following paragraphs:—
" (i) Brisbane Stock Exchange, Queensland; and " (j) Stock Exchange of Perth, Western Australia."; and
(c) (3.) and inserting in their stead the following paragraphs:—
by omitting paragraphs (u), (v), (w) and (x) of sub-regulation " (v) Newcastle Stock Exchange, New South Wales.".
16. The First Schedule to the Companies Regulations is amended—
(a) by omitting the items relating to sections 198 (2.), 200, 201 (2.)
and 205 ( l . ) ( d ) and inserting in their stead the following items:—
" 1 9 9 ( 4 . ) . . Statement of affairs . . 56
" 199 (9.) . . Notice of meeting of creditors 59
"199 (10.) (a) Summary of affairs . . 59A " 202 (2.) (a) . . Notice of special resolution of creditors placing
company under official management, &c. . . 60
" 202 (2.) (c) . . Notice to creditors and members of placing of company under official management and of rights under section 211 60A " 202B (1.) Notice of appointment and situation of office
of official manager . . . . . . 60B
" 202B (1.) . . Notice of change in situation of office of
official manager 60c
" 202B (2.) . . Notice by official manager of cessation of office 61 " 203A (7.) . . Notice by official manager of holding of six-
monthly meeting . . 61A
" 206 (5.) . . Statement of affairs 56 " 2 0 6 (11.) Notice by official manager of holding of
meetings of members and creditors when
company unable to pay debts . . 61B
" 2 1 2 ( 5 . ) . . Notice relating to meeting called to receive report of official manager on termination of
appointment . . . . . . 61c
" 2 1 4 ( 3 . ) . . . . Notice of appointment of deputy official
manager . . . . 60B
" 214 (3.) . . . . Notice by deputy official manager of cessation
of office . . . . . . 61 " ;
(b)
by omitting the items relating to sections 230 (1.), 257, 259 (1.), 259 (4.) , 272, 280 (1.), 280 (2.) , 281 (1.) and 291;
(c)
by inserting after the item relating to section 352 (2.) the follow ing item:—
" 352 (2A.) . . I Notice by foreign company of placing under,
I or termination of, official management in I
place of incorporation 90A ".
(d) by omitting the first item relating to regulation 26 (2.) ; (e) by omitting from the second item relating to regulation 26 (2.) the words " or contributories "; (f) by omitting from the item relating to regulation 44 (2.) the words " or contributories "; and (g) by omitting the items relating to regulations 62 and 64.
17 . The Second Schedule to the Companies Regulations is amended by omitting from Form 56 the words and figures " Sections 193, and 194; 200; 234; and 260 (4.) ." and inserting in their stead the words and figures "Sections 193 and 194; 199 (4.); 206 (5.) ; 234; and 260 (4.).".
| 1 8 . The Second Schedule to the Companies Regulations is amended by omitting Forms 59, 60 and 61 and inserting in their stead the following Forms:— | FORM 59. |
AUSTRALIAN CAPITAL TERRITORY
Companies Ordinance Section 199 (9 . ) .
N O T I C E O F M E E T I N G O F C R E D I T O R S
L I M I T E D .
Notice is hereby given that a meeting of the creditors of
| Limited will be held at* | on the | day of | 19 | , |
at o'clock in the noon for the purpose of placing the company under official management and appointing an official manager as provided by Part IX. of the
| Companies | Ordinance | 1962-1969. |
Dated this day of , 19 . Directort Secretary!
* Insert full address, including floor and room number (if applicable),
Strike out whichever is inapplicable.
FORM 59A.
AUSTRALIAN CAPITAL TERRITORY
Companies Ordinance Section 199 (10.) (a )
S U M M A R Y OF A F F A I R S * L I M I T E D .
Statement of Assets and Liabilities as at the day of , 19 .
Cost or Estimated Book Realizable Value* Values
1. ASSETS N O T
SPECIFICALLY C H A R G E D . $ $
(a) Real estate
(6) Sundry debtors
(c) Cash on hand
(d) Cash at bank
(e) Stock as detailed in inventory
(f) Plant and equipment as detailed in inventory(g) Other assets
2. ASSETS SUBJECT TO SPECIFIC C H A R G E S , LIENS, $
M O R T G A G E S , BILLS O F SALE OR H I R E - P U R C H A S E
A G R E E M E N T S . . Less amounts owing
TOTAL ASSETS
TOTAL ESTIMATED REALIZABLE ASSETS $
3. Less P R E F E R E N T I A L C R E D I T O R S E N T I T L E D TO PRIORITY OVER T H E H O L D E R S O F D E B E N T U R E S U N D E R A N Y F L O A T I N G C H A R G E . .
4. Less A M O U N T S O W I N G A N D S E C U R E D BY D E B E N T U R E OR F L O A T I N G
C H A R G E OVER C O M P A N Y ' S ASSETS T O
5. Less P R E F E R E N T I A L C R E D I T O R S
ESTIMATED A M O U N T AVAILABLE F O R U N S E C U R E D C R E D I T O R S 8
6. C R E D I T O R S ( U N S E C U R E D )
Amount claimed ($ ) . .
7. BALANCES O W I N G TO P A R T L Y S E C U R E D C R E D I T O R S
Total claims ($ ) Security held ($ )
8. C O N T I N G E N T ASSETS $ Estimated to produce
9. C O N T I N G E N T LIABILITIES $
Estimated to rank fo r . .
ESTIMATED §DEFICIENCY/SURPLUS
(Subject to costs of §administration/liquidation)
S H A R E CAPITAL
Issued ($ ) Paid up ($ ) Director§ Secretary§
* Under section 199 (11.) of the Companies Ordinance 1962-1969, where the complete Statement of Affairs (Form 56) is attached to each notice of meeting posted to creditors under section 199 (9.), Form 59A need not be sent out.
+ Not earlier than the date of the passing of the resolution of the directors that the company is unable to pay its debts as and when they become due, or the date of receipt of a request of a judgment creditor (under section 199 (1 . ) ) that a meeting of creditors be called for the purpose of placing the company under official management (as the case may be).
Indicate in respect of each entry whether cost or book value.
§ Strike out whichever is inapplicable.
FORM 6 0 . AUSTRALIAN CAPITAL TERRITORY
Companies Ordinance Section 2 0 2 ( 2 . ) (a ) .
NOTICE OF RESOLUTIONS OF CREDITORS APPOINTING OFFICIAL
MANAGER, ETC.
LIMITED.
To the Registrar of Companies.
| I, | of | , being |
•the official manager/the secretary/a person who immediately prior to the passing of the special resolution was a director of Limited do hereby certify that at a meeting of creditors of the company duly convened and held on the day of , 1 9 , subsequent to the passing of the resolution set out *in Schedule A below/ in the annexuret marked with the letter " A " and signed by me for the purposes of identification a special resolution within the meaning of section 1 9 8 of the Companies Ordinance 1 9 6 2 - 1 9 6 9 a true copy of which is set out *in Schedule B below/ in the annexuret marked " B " and signed by me for the purposes of identification was duly passed.
SCHEDULE A.
SCHEDULE B.
| Dated this | day of | , 1 9 |
(Signature of Official Manager, Secretary or person who, immediately prior to the passing of the special resolution, was a director.)
• Strike out whichever is inapplicable.
Where the copy of the resolution is annexed, the annexure is to be endorsed as follows:— " This is the annexure
marked *"A"/*" B " referred to in the notice of resolutions signed by me on the
| day of | 19 |
Here set out the terms of the resolution that was to the effect that in the opinion of the creditors the Com pany is unable to pay its debts as and when they become due and payable but that if the Company were placed under official management there would in their opinion be a reasonable probability that it would be able to pay its debts.
FORM 60A.
AUSTRALIAN CAPITAL TERRITORY
Companies Ordinance Section 2 0 2 ( 2 . ) ( c ) .
NOTICE TO CREDITORS A N D MEMBERS OF PLACING OF COMPANY U N D E R
OFFICIAL MANAGEMENT A N D OF RIGHTS UNDER SECTION 2 1 1
LIMITED.
| 1, | , of | being |
•the official manager/the secretary of Limited, do hereby certify that at a meeting of creditors of the company duly convened and held on the day of , 1 9 , a special resolution within the meaning of section 1 9 8 of the Companies Ordinance 1 9 6 2 - 1 9 6 9 a true copy of which is set out *below/in the annexuret marked with the letter " A " and signed by me for purposes of identification was duly passed.
(Set out a copy of resolution here if it is not annexed.)
Under section 2 1 1 of the Ordinance—
(a)
any creditor to whom the company owes, or any representative of a group of creditors to whom the company owes in the aggregate, more than 1 0 per centum of the total unsecured debts of the company;
(b)
in the case of a company having a share capital—any member holding, or any representative of a group of members holding collectively, not less than 1 0 per centum of the paid up capital of the company; or
FORM 60A—continued
(c) in the case of a company not having a share capital—any member holding, or representative of a group of members holding collectively, not less than 10 per centum of the total voting rights of all members having a right to vote at all general meetings—
may apply to the Supreme Court for the variation or cancellation of the resolution at any
time within a period of fourteen days after the passing thereof.
Dated this day of , 19
Official Manager.*
Secretary.*
* Strike out whichever is inapplicable.
Where the copies of the special resolutions are annexed, the annexure is to be endorsed as follows:—
'* This is the annexure marked "A" referred to in the notice of special resolution of creditors signed by me
on the day of 19 FORM 60B.
AUSTRALIAN CAPITAL TERRITORY
Companies Ordinance Section 202B (1 . ) .
Section 214 (3 . ) .
NOTICE OF APPOINTMENT A N D SITUATION OF OFFICE OF
•OFFICIAL M A N A G E R / D E P U T Y OFFICIAL MANAGER LIMITED.
To the Registrar of Companies.
I, , of , hereby
give notice that—
(a) I was appointed *official manager/deputy official manager of Limited—
*by the creditors of Limited
on the day of , 19 ;
*by an order of the Supreme Court made on the day
of , 19 ; *by the committee of management on the day of , 19
(b) my office is situated att
Dated this day of , 19
(Signature.)
* Strike out whichever is inapplicable.
t Insert full address, including floor and room number (if applicable).
FORM 6 0 C . AUSTRALIAN CAPITAL TERRITORY
Companies Ordinance Section 202B (1 . ) .
NOTICE OF CHANGE IN SITUATION OF OFFICE OF OFFICIAL
MANAGER
LIMITED.
To the Registrar of Companies.
I, , the official manager of Limited,
hereby give notice that, on the day of , 19 , the situation of my office was changed to*
Dated this day of , 19
(Signature.)
* Insert full address, including floor and room number (if applicable).
FORM 61.
AUSTRALIAN CAPITAL TERRITORY
Companies Ordinance Section 202B (2 . ) .
Section 214 (3 . ) .
NOTICE BY *OFFICTAL M A N A G E R / D E P U T Y OFFICIAL MANAGER OF CESSATION OF OFFICE
LIMITED.
To the Registrar of Companies.
| I, | , of | , being |
the person appointed as *officiaI manager/deputy official manager of
Limited, hereby give notice of my *resignation/removal from the office
| of "official manager/deputy official manager on the | day of | , 19 (Signature.) |
* Strike out whichever is inapplicable.
FORM 61A.
AUSTRALIAN CAPITAL TERRITORY
Companies Ordinance Section 203A (7 . ) .
NOTICE BY OFFICIAL MANAGER OF HOLDING OF SIX-MONTHLY
MEETING
LIMITED.
To the Registrar of Companies.
| Notice is hereby given that, pursuant to section 203A (1.) of the Companies | Ordinance |
| 1962-1969, a meeting of the creditors and members of | Limited |
| was called for and held on the | day of | , 19 | , to consider |
my statement and report prepared under that section.
A copy of the statement and report is attached hereto.
| Dated this | day of | , 19 |
(Signature.)
FORM 61B. AUSTRALIAN CAPITAL TERRITORY
Companies Ordinance Section 206 (11.) .
NOTICE BY OFFICIAL MANAGER OF HOLDING OF MEETING OF MEMBERS A N D
CREDITORS WHEN COMPANY UNABLE TO PAY DEBTS
LIMITED.
To the Registrar of Companies.
| Notice is hereby given that, pursuant to section 206 (3.) and 206 (4.) of the | Companies |
| Ordinance | 1962-1969, a meeting of members of | Limited |
was called for and held on the day of , 19 , for the purpose of considering a special resolution that the company be wound up voluntarily, and a meeting of the creditors of the company was called for and held on the day
| of | , 19 |
At the meeting of creditors the statement of the company's affairs prepared by me was laid before the meeting.
The special resolution was duly passed.
| Dated this | day of | , 19 |
(Signature.)
FORM 61C.
AUSTRALIAN CAPITAL TERRITORY
Companies Ordinance Section 212 (5 . ) .
NOTICE RELATING TO MEETING OF CREDITORS CALLED TO RECEIVE REPORT
OF OFFICIAL MANAGER ON TERMINATION OF APPOINTMENT
LIMITED.
To the Registrar of Companies.
I, of the
person whose appointment as official manager of Limited
was terminated on the day of , 19 , hereby inform you that
a meeting of the creditors of the company called for the day of , 19 , for the purpose of receiving a report showing how the official management was conducted by me *was duly held on that date/was not attended by the necessary quorum.
A copy of the report is attached hereto.
(Signature.)
* Strike out whichever is inapplicable.
19.—(1.) The Second Schedule to the Companies Regulations is amended by omitting Forms 62 to 76 (inclusive).
(2.) The Second Schedule to the Companies Regulations is amended by inserting after Form 90 the following Form:—
FORM 90A.
AUSTRALIAN CAPITAL TERRITORY
Companies Ordinance Section 352 (2A.) .
NOTICE BY FOREIGN COMPANY OF PLACING U N D E R OR TERMINATION OF
OFFICIAL M A N A G E M E N T IN PLACE OF INCORPORATION LIMITED.
To the Registrar of Companies.
Limited, a foreign company registered in the
Australian Capital Territory, hereby gives notice that on the day of , 1 9 — *the company was placed under official management int
by , a
law or enactment corresponding to Part IX. of the Companies Ordinance 1962-
1969, and of was appointed official manager.
*the period of official management of the company inT was
terminated on the day of , 19 , by§
Dated this day of , 19
(Signature and designation of person signing notice.)\\
* Strike out if inapplicable.
Insert name of place of incorporation or origin of company.Give reference to foreign law.
§ Set out method of termination.
II The form may be signed by the Secretary or a director of the company (or a person who immediately prior
to the company's being placed under official management was a director). The person signing must indicate in
what capacity he signs.(3.) The Second Schedule to the Companies Regulations is amended by
omitting Forms 92 and 93 and inserting in their stead the following Forms:—
FORM 9 2 . Regulations 26 ( 2 . )
and 44 ( 2 . ) .AUSTRALIAN CAPITAL TERRITORY
Companies Regulations
NOTICE OF MEETING OF CREDITOR
LIMITED
Notice is hereby given that a meeting of the creditors of (name of company) will be
| held at | on the | day of | 196 | at |
o'clock in the forenoon (or afternoon).
A G E N D A *
Dated this
| day of | , 19 | . |
(Signature)
* Set out the purpose for which the meeting is called.
FORM 9 3 . Regulations 5 2 and 5 3 . AUSTRALIAN CAPITAL TERRITORY
Companies Regulations PROXY
I (or We) , , of , appoint as my (or our) general (or special) proxy to vote at the
| meeting of creditors to be held on the | day of | , 1 9 | , |
| and at any adjournment of that meeting.* |
Dated this
| day of | , 19 |
(Signature)
(Signature, description and, address of place of residence
of witness) CERTIFICATEt
I, of , hereby certify that all insertions
in the above proxy were made by me at the request, and in the presence, of (name of person giving proxy), and that I read over the completed proxy to him before he attached his signature or mark to the proxy.
Dated this
| day of | , 19 |
(Signature of witness)
* If a special proxy, add the words " to vote for " or " to vote against" followed by words specifying the
particular resolution.
t This certificate is only to be completed where the person giving the proxy is blind or incapable of writing.
11267/71—18
20 . Where—
(a) a meeting of the creditors or contributories, or the creditors and contributories, of a company has been called in connexion with the winding-up of the company before the commencement of these Regulations for a date after the commencement of these Regulations; or (b) a resolution for the voluntary winding-up of a company has been passed before the commencement of these Regulations,
the amendments of the Companies Regulations effected by these Regulations do not apply to or in relation to that meeting or proofs of debt in that voluntary winding-up, as the case may be, unless Order 75 of the Rules of the Supreme Court of the Australian Capital Territory as in force on the date of commence ment of these Regulations applies to that meeting or to those proofs of debt.
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