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LIFE INSURANCE ACT 1995 - SECT 179AP

Effect on directors of Life Insurance Act statutory manager taking control of a body corporate's business

  (1)   The directors of a body corporate cease to hold office when a Life Insurance Act statutory manager takes control of the body corporate's business.

Note:   For the definition of director , see subsection   (4).

  (2)   A director of a body corporate must not be appointed or elected while a Life Insurance Act statutory manager is in control of the body corporate's business unless the appointment is made under subsection   179AC(2).

  (3)   The appointment of a person as a member of the Compliance Committee of an eligible foreign life insurance company under section   16ZF ceases to have effect when a Life Insurance Act statutory manager takes control of the eligible foreign life insurance company's business.

  (4)   A person must not be appointed as a member of the Compliance Committee of an eligible foreign life insurance company under section   16ZF while a Life Insurance Act statutory manager is in control of the eligible foreign life insurance company's business unless the appointment is made under subsection   179AC(2).

  (5)   If a person who ceased to hold office as a director of a body corporate under subsection   (1), or a purported director of a body corporate appointed or elected in contravention of subsection   (2), purports to act in relation to the body corporate's business while a Life Insurance Act statutory manager has control of the body corporate's business, those acts are invalid and of no effect.

  (6)   If a person whose appointment as a member of the Compliance Committee of a body corporate under section   16ZF ceased to have effect under subsection   (3) purports to act in relation to the body corporate's business while a Life Insurance Act statutory manager has control of the body corporate's business, those acts are invalid and of no effect.

  (7)   Subsections   (1), (2) and (5) do not apply in relation to a body corporate that is an eligible foreign life insurance company.

  (8)   Subsection   (9) applies if:

  (a)   subsections   (1), (2) and (5) do not apply in relation to a body corporate because of subsection   (7); and

  (b)   a Life Insurance Act statutory manager takes control of the body corporate's business; and

  (c)   a director of the body corporate acts, or purports to act in relation to the body corporate's business while the Life Insurance Act statutory manager has control of the body corporate's business.

  (9)   Those acts are invalid and of no effect to the extent that they relate to:

  (a)   the Australian business assets and liabilities of the body corporate; or

  (b)   the management of the body corporate, to the extent that the management relates to the Australian business assets and liabilities of the body corporate.

  (10)   For the purposes of this section, director has the same meaning as it has in the Corporations Act 2001 .



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