Section 438A — Corporations Act 2001 (Cth)

As soon as practicable after the administration of a company begins, the administrator must:

(a) investigate the company’s business, property, affairs and financial circumstances; and

(b) form an opinion about each of the following matters:

(i) whether it would be in the interests of the company’s creditors for the company to execute a deed of company arrangement;

(ii) whether it would be in the creditors’ interests for the administration to end;

(iii) whether it would be in the creditors’ interests for the company to be wound up.

Related sections

• s 437D — Only administrator can deal with company’s property
• s 437E — Order for compensation where officer involved in void transaction
• s 437F — Effect of administration on company’s members
• s 438B — Directors to help administrator
• s 438C — Administrator’s rights to company’s books
• s 438D — Reports by administrator

Research how courts apply s 438A

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.