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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 546.10

Deregistration--following amalgamation or winding up

  (1)   The Registrar must deregister an Aboriginal and Torres Strait Islander corporation if the Court orders the deregistration of the corporation under:

  (a)   paragraph   413(1)(d) of the Corporations Act (as applied by section   45 - 1 of this Act) (reconstruction and amalgamations); or

  (b)   paragraph   481(5)(b) of the Corporations Act (as applied by section   526 - 35 of this Act) (release of liquidator); or

  (c)   subsection   509(2) of the Corporations Act (as applied by section   526 - 35 of this Act) (liquidator's return following winding up).

  (2)   The Registrar must deregister an Aboriginal and Torres Strait Islander corporation if:

  (a)   3 months have passed since the corporation's liquidator lodged the end of administration return for the company under section   70 - 6 of Schedule   2 to the Corporations Act (as applied by section   526 - 35 of this Act); and

  (b)   no order under subsection   509(2) of the Corporations Act (as applied by section   526 - 35 of this Act) has been made during that period.

  (3)   If:

  (a)   an application is made under section   23 - 1 to register an Aboriginal and Torres Strait Islander corporation (the amalgamated corporation ) under Part   2 - 3 to replace 2 or more existing Aboriginal and Torres Strait Islander corporations (the amalgamating corporations ); and

  (b)   the Registrar registers the amalgamated corporation as a result of the application;

the Registrar must deregister the amalgamating corporations.

  (4)   Subsections   546 - 20(2) to (7) and sections   546 - 25 to 546 - 40 do not apply to the deregistration of an Aboriginal and Torres Strait Islander corporation under subsection   (3) of this section.



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