Section 436C — Corporations Act 2001 (Cth)

(1) A person who is entitled to enforce a security interest in the whole, or substantially the whole, of a company’s property may by writing appoint an administrator of the company if the security interest has become, and is still, enforceable.

(1A) Subsection (1) applies in relation to a PPSA security interest only if the security interest is perfected within the meaning of the Personal Property Securities Act 2009.

(2) Subsection (1) does not apply to a company if a person holds an appointment as liquidator, or provisional liquidator, of the company.

Related sections

• s 435C — When administration begins and ends
• s 436A — Company may appoint administrator if board thinks it is or will become insolvent
• s 436B — Liquidator may appoint administrator
• s 436D — Company already under administration
• s 436DA — Declarations by administrator—indemnities and relevant relationships
• s 436E — Purpose and timing of first meeting of creditors

Research how courts apply s 436C

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