Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BANKING ACT 1959 - SECT 15C

Certain circumstances not grounds for denial of obligations

  (1)   This section applies if a body corporate is party to a contract, whether the proper law of the contract is:

  (a)   Australian law (including the law of a State or Territory); or

  (b)   law of a foreign country (including the law of part of a foreign country).

  (2)   None of the matters mentioned in subsection   (3) allow the contract, or a party to the contract (other than the body corporate), to do any of the following:

  (a)   deny any obligations under the contract;

  (b)   accelerate any debt under the contract;

  (c)   close out any transaction relating to the contract;

  (d)   enforce any security under the contract.

This subsection has effect subject to section   31B.

  (3)   The matters are as follows:

  (a)   a Banking Act statutory manager being in control, or being appointed to take control, of the business of the body corporate;

  (b)   if the body corporate is a member of a relevant group of bodies corporate--a Banking Act statutory manager being in control, or being appointed to take control, of the business of another member of the group.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback