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EX04 Notifications relating to restructuring and restructuring plans

form – EX04

Purpose

Use Form EX04 to lodge notifications relating to restructuring and restructuring plans.

How to lodge this form

Lodge online

You can complete and lodge the form online in the portal.

Liquidator portal

Lodge by post

Not applicable.

Fees

Applicable fees

No fee.

Late fees

  • {Late01} for up to one month late.
  • {Late02} for over one month late.

Lodging period

  • 5613 – Notice of reasons for forming suspicion. 5 business days after first forming the suspicion
  • 5614 – Copies of restructuring documents given to affected creditors. 2 business days after a copy of the plan, proposal statement and declaration are given to creditors
  • 5615A – Notice from directors of appointment of administrator. 2 business days after the day on which the restructuring practitioner receives the notice
  • 5615B – Notice from directors of appointment of liquidator, or provisional liquidator. 2 business days after the day on which the restructuring practitioner receives the notice
  • 5616A – Notice of contravention of restructuring plan. 2 business days after the day on which the restructuring practitioner receives the notice or becomes aware of contravention
  • 5616B – Notice of likely contravention of restructuring plan. 2 business days after the day on which the restructuring practitioner receives the notice or becomes aware of contravention
  • 5617 – Terms of court order in relation to creditor disputes. 2 business days after the day on which the order is made
  • 5618 – Notice of extension of proposal period. 2 business days after the day on which the proposal period is extended

Related information

Legislative references

  • Section 457A of the Corporations Act 2001
  • Section 458H(d) of the Corporations Act 2001
  • Regulation 5.3B.17(5) of the Corporations Regulations 2001
  • Regulation 5.3B.47(2)(a) of the Corporations Regulations 2001
  • Regulation 5.3B.52 of the Corporations Regulations 2001
  • Regulation 5.3B.56(2)(c) of the Corporations Regulations 2001
  • Regulation 5.3B.60(3)(a) of the Corporations Regulations 2001

Further information