Section 436E — Corporations Act 2001 (Cth)

(1) The administrator of a company under administration must convene a meeting of the company’s creditors in order to determine:

(a) whether to appoint a committee of inspection; and

(b) if so, who are to be the committee’s members.

(2) The meeting must be held within 8 business days after the administration begins.

(3) The administrator must convene the meeting by:

(a) giving written notice of the meeting to as many of the company’s creditors as reasonably practicable; and

(b) causing a notice setting out the prescribed information about the meeting to be published in the prescribed manner;

at least 5 business days before the meeting.

(3A) A notice under paragraph (3)(b) that relates to a company may be combined with a notice under paragraph 450A(1)(b) that relates to the company.

(4) At the meeting, the company’s creditors may also pass a resolution:

(a) removing the administrator from office; and

(b) appointing someone else as administrator of the company.

Related sections

• s 436C — Secured party may appoint administrator
• s 436D — Company already under administration
• s 436DA — Declarations by administrator—indemnities and relevant relationships
• s 437A — Role of administrator
• s 437B — Administrator acts as company’s agent
• s 437D — Only administrator can deal with company’s property

Research how courts apply s 436E

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