Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 833A

Role of the statutory manager

  (1)   While a statutory manager of a body corporate is in control of the business of the body corporate the statutory manager:

  (a)   has control of the body corporate's business, property and affairs; and

  (b)   may carry on that business and manage that property and those affairs; and

  (c)   at the direction of or with the written consent of the Reserve Bank:

  (i)   may terminate or dispose of all or part of that business; and

  (ii)   may dispose of any of that property; and

  (d)   may perform any function, and exercise any power, that the body corporate or any of its officers could perform or exercise under the operating rules or procedures of a licensed CS facility of which the body corporate is the licensee; and

  (e)   may perform any other function, and exercise any other power, that the body corporate or any of its officers could perform or exercise if a statutory manager were not in control of the body corporate's business.

Note:   An expert report on fair value may be required before taking action: see section   849CB.

  (2)   Nothing in subsection   (1) limits the generality of anything else in it.

Limitations

  (3)   This section does not permit the statutory manager to:

  (a)   alter the body corporate's constitution or other arrangements for governance other than in accordance with section   833C; or

  (b)   recapitalise other than in accordance with section   833D; or

  (c)   effect a transfer of all or part of the shares in the body corporate or a total or partial transfer of the business of the body corporate, other than in accordance with Division   4 (compulsory transfers).

Meaning of property

  (4)   In this Part, property of a body corporate includes any PPSA retention of title property of the body corporate.

Note:   See also:

(a)   the definition of property in section   9; and

(b)   section   51F (meaning of PPSA retention of title property ).



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