Regulatory Alerts2005-05-01 | RG-082RG 82 External administration: Deeds of company arrangement involving a creditors’ trust
The Australian Securities and Investments Commission issued this guide to clarify the interpretation of registered liquidators' obligations under the Corporations Act when considering DOCA proposals involving a creditors' trust. It specifically mandates the disclosure of information material to creditors, ensuring transparency regarding proposed deeds or their variations. The document serves as a regulatory reference for administrators appointed under Part 5.3A to ensure compliance with general law and statutory duties.
Issued 17 December 2018
This guide is for registered liquidators appointed under Pt 5.3A of the Corporations Act as a voluntary administrator or deed administrator (administrator).
It explains:
our interpretation of administrators’ obligations under the Corporations Act and the general law where they are considering a proposed deed of company arrangement (DOCA) or a proposed variation of a DOCA (collectively, a DOCA proposal) involving a creditors’ trust; and
in particular, the information that we consider is material to creditors and should therefore be disclosed when a DOCA proposal involves a creditors’ trust.
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