EX04 Notifications relating to restructuring and restructuring plans

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

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

• Notice by registered liquidator under section 458H (PDF)
• Liquidator portal access
• ASIC Regulatory Portal access
• How to lodge forms: online, email, mail