Section 443D — Corporations Act 2001 (Cth)

The administrator of a company under administration is entitled to be indemnified out of the company’s property (other than any PPSA retention of title property subject to a PPSA security interest that is perfected within the meaning of the Personal Property Securities Act 2009) for:

(a) debts for which the administrator is liable under Subdivision A or a remittance provision as defined in subsection 443BA(2); and

(aa) any other debts or liabilities incurred, or damages or losses sustained, in good faith and without negligence, by the administrator in the performance or exercise, or purported performance or exercise, of any of his or her functions or powers as administrator; and

(b) the remuneration to which he or she is entitled under Division 60 of Schedule 2 (external administrator’s remuneration).

Related sections

• s 443B — Payments for property used or occupied by, or in the possession of, the company
• s 443BA — Certain taxation liabilities
• s 443C — Administrator not otherwise liable for company’s debts
• s 443E — Right of indemnity has priority over other debts
• s 443F — Lien to secure indemnity
• s 444A — Effect of creditors’ resolution

Research how courts apply s 443D

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