Section 442B — Corporations Act 2001 (Cth)

Scope

(1) This section applies if a security interest in property (the secured property) of a company under administration was a circulating security interest when the interest arose, but has stopped being a circulating security interest because:

(a) in the case of a PPSA security interest—the property has stopped being a circulating asset (within the meaning of the Personal Property Securities Act 2009); or

(b) in the case of a security interest that was a floating charge when it arose—the floating charge has since become a fixed or specific charge.

Note 1: A circulating security interest can be either a PPSA security interest to which a circulating asset has attached or a floating charge: see the definition of circulating security interest in section 9.

Note 2: For the meaning of circulating asset, see section 340 of the Personal Property Securities Act 2009.

Security interest in circulating asset

(2) Subject to sections 442C and 442D, in the case of a PPSA security interest, the administrator may deal with any of the secured property in any way the company could deal with the secured property immediately before it stopped being a circulating asset.

Floating charge

(3) Subject to sections 442C and 442D, in the case of a security interest that was a floating charge when it arose, the administrator may deal with any of the secured property as if the security interest were still a floating charge.

Note: Section 442C deals with the disposal of encumbered property by an administrator. Section 442D makes the administrator’s functions and powers subject to those of a secured party, receiver or controller.

Related sections

• s 441H — Court may limit powers of receiver etc. in relation to property used by company
• s 441J — Giving a notice under an agreement about property
• s 442A — Additional powers of administrator
• s 442C — When administrator may dispose of encumbered property
• s 442CA — Property subject to a possessory security interest—inspection or examination by potential purchasers etc.
• s 442CB — Property subject to a security interest or to a retention of title clause—administrator’s duty of care in exercising power of sale

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