Flowchart 3: Liquidator in a court-ordered winding up
This flowchart and the explanatory text should be read with Information Sheet 29 External administration, controller appointments and schemes of arrangement: Most commonly lodged forms (INFO 29).
Unless otherwise permitted by the Corporations Act, a person must not act as a court liquidator unless they are a registered liquidator: section 532(1) and (8).
Flowchart 3: Liquidator in a court-ordered winding up
* ob体育 PNW = ob体育 published notices website.
Explanation of Flowchart 3: Liquidator in a court-ordered winding up[1]
Step |
Form |
Notes |
|
1 |
Form 519 |
Legislation: sections 470(1)(a) and 465A(1)(a). Form 519 is an ob体育-approved form. Requirement: Lodgement is mandatory. Tick-a-box choices (An application has been made): 鈥楢n application for the winding up of the company (other than under s459P, 462 or 464) was filed鈥� or 鈥楢n application has been made to wind up the company under s459P, 462 or 464鈥�. Lodgement: The applicant must lodge no later than 10.30 am on the next business day after the application is filed. |
|
and... |
ob体育 published notices website[3] |
Legislation: section 465A(1)(c).
Requirement: Publication is mandatory. Publication: The applicant must publish notice of the application on the . Note: While no publication time is prescribed, we expect the applicant to publish this information as soon as practicable. |
|
2 |
Winding up withdrawn or dismissed Form 519 |
Legislation: section 470(1)(c). Form 519 is an ob体育-approved form. Requirement: Lodgement is mandatory, contingent on the circumstances arising (if application is withdrawn or dismissed). Tick-a-box choices (An application has been withdrawn or dismissed): 鈥楢n application for the winding up of the company was withdrawn鈥� or 鈥楢n application for the winding up of the company was dismissed鈥� or 鈥楢n application for the winding up of the company was dismissed and an appeal is pending鈥�. Lodgement: The applicant must lodge within 2 business days after the application has been withdrawn or dismissed. |
|
3 |
Form 519 |
Legislation: sections 470(1)(b) and 465A(1)(a). Form 519 is an ob体育-approved form. Requirement: Lodgement is mandatory. Tick-a-box choice (A court order has been made): 鈥楢n order was made and a liquidator appointed鈥�. Lodgement: The applicant must lodge within 2 business days after the order is made. Company status:[2] If this is the first external administrator appointment to the company, the company status will change from REGD to EXAD after processing of the first of Form 519 where an order has been made, Form 560 (Step 4) or Form 505 (Step 5), and create a new appointment for the liquidator. |
|
and ... |
ob体育 published notices website |
Legislation: section 465A(2) and regulation 5.4.01B. Requirement: Publication is mandatory. Publication: The liquidator must publish the prescribed information about the order. Note: While no publication time is prescribed, we expect liquidators and provisional liquidators to publish this information as soon as practicable. |
|
4 |
Form 560 |
Legislation: section 470(2)(a) and regulation 1.0.21. ob体育 has applied the number 鈥�560鈥� to lodgement of the required information for administrative purposes (i.e. there is no actual Form 560). Requirement: Lodgement is mandatory. Lodgement: The applicant must lodge an office copy of the court order within 7 days after the court makes the order. An office copy of a court order must bear an originally stamped seal or an electronic seal of the registry of the court. Company status: If this is the first external administrator appointment to the company, the company status will change from REGD to EXAD after processing of the first of Form 519 (Step 3), Form 560 or Form 505 (Step 5), and create a new appointment for the liquidator. |
|
with 鈥� |
Form 105 |
Legislation: regulation 1.0.21. Form 105 is prescribed by the Corporations Regulations. Requirement: Lodgement is mandatory. Tick-a-box choice (Type of court order 鈥� external administration): 鈥榮470(2)(a) winding up a company and appointing a liquidator鈥�. Lodgement: The applicant must lodge Form 105 with the office copy of the court order. An office copy of a court order must bear an originally stamped seal or an electronic seal of the registry of the court. |
|
5 |
Form 505 |
Legislation: section 537(1). Form 505 is an ob体育-approved form. Requirement: Lodgement is mandatory. Tick-a-box choice (Details of appointment): 鈥楲iquidator of court liquidation鈥�. Tick-a-box choice (Method of appointment): 鈥楢ppointment by court order鈥�. Lodgement: The liquidator must lodge within 14 days after appointment. Online lodgement is preferred. Note: When lodging online, if the liquidator鈥檚 name is showing as a current role, choose 鈥榗onfirm an existing appointment鈥� (then click on the 鈥榬ecord鈥� button) to ensure a duplicate role is not created. Company status: If this is the first external administrator appointment to the company, the company status will change from REGD to EXAD after processing of the first of Form 519 (Step 3), Form 560 (Step 4) or Form 505, and create a new appointment for the liquidator. Note: If the court replaces the liquidator, the outgoing liquidator must lodge Form 505 (section 537(2)) and Form 5602 (section 70-5(3) of Schedule 2). The new liquidator must lodge a copy of the court order replacing the liquidator with Form 105 (regulation 1.0.21) and Form 505 (section 537(1)). An office copy of a court order must bear an originally stamped seal or an electronic seal of the registry of the court. |
|
6 |
Form 507 |
Legislation: section 475(1) and (7). Form 507 is an ob体育-approved form. Requirement: Lodgement is mandatory. Tick-a-box choice (Reason for report): 鈥楢ppointment of liquidator/provisional liquidator by the court 鈥� s475(1)鈥�. Lodgement: The liquidator must lodge within 5 business days after receipt of the report. Online lodgement is preferred. Note 1: Form 507A and Form 911 are attached to, and processed as part of, Form 507. Note 2: If an extension of time is granted, the liquidator must lodge Form 562 Notice of liquidator extending time to submit report on company activities and property. |
|
incorporating鈥� |
Form 507A |
Legislation: section 475(1). Form 507A is an ob体育-approved form. Requirement: Lodgement is mandatory. Lodgement: The liquidator must lodge within 5 business days after receipt of the report. Online lodgement is preferred. |
|
with 鈥� |
Form 911 |
Legislation: regulation 1.0.16. Form 911 is prescribed by Schedule 2 to the Corporations Regulations. Form 911 is an ob体育-approved form. Requirement: Lodgement is mandatory. Lodgement: The liquidator must lodge within 5 business days after receipt of the report. When lodging online, Form 911 is a certification, not a separate form. Online lodgement is preferred. |
|
7 |
Liquidator orders report (Form 507) from other persons Form 511 |
Legislation: section 475(2) and (7). Form 511 is an ob体育-approved form. Requirement: Lodgement is mandatory, contingent on the circumstances arising (if the liquidator ordered a report (Form 507) from another person). Tick-a-box choice (Purpose for lodgement of copy of Form 511): 鈥楲iquidator appointed by the court, under s475(7), report prepared under 475(2)鈥�. Lodgement: The liquidator must lodge within 5 business days of receipt of the report from the other person. Online lodgement is preferred. |
|
with 鈥� |
Form 911 |
Legislation: regulation 1.0.16. Form 911 is prescribed by the Corporations Regulations. Form 911 is an ob体育-approved form. Requirement: Lodgement is mandatory, contingent on the circumstances arising (if the liquidator ordered a report). Lodgement: The liquidator must lodge within 5 business days of receipt of the report from the other person. When lodging online, Form 911 is a certification, not a separate form. Online lodgement is preferred. |
|
8 |
Form 5601 |
Legislation: section 70-50 of Schedule 2 and Rule 70-40 of the Practice Rules. Form 5601 is an ob体育-approved form. Requirement: Lodgement is mandatory. Lodgement: The liquidator must lodge at the same time as the report is provided to creditors. Online lodgement is required. A report to creditors under Rule 70-40 must be provided within 3 months after the liquidator is appointed (including where a replacement liquidator is appointed). |
听 |
9 |
Proposal made for a resolution without a meeting Form 5022 Outcome of proposal to creditors or contributories |
Legislation: section 75-40 of Schedule 2, Rule 75-130 (creditors) and Rule 75-135 (contributories) of the Practice Rules. Form 5022 is an ob体育-approved form. Requirement: Lodgement is mandatory, contingent on whether a resolution is proposed without a meeting of creditors or contributories. Lodgement: The liquidator must lodge within 5 business days of the outcome being known. Online lodgement is required. |
听 |
10 |
Meeting of creditors ob体育 published notices website |
Legislation: section 75-10 of Schedule 2 and Rule 75-40 of the Practice Rules. Requirement: Lodgement is mandatory, contingent on meeting being convened. Lodgement: The convenor must lodge the notice of meeting on the at least 10 business days before the meeting is held. |
|
and 鈥� |
Form 5011 |
Legislation: Rule 75-145(1)(c) of the Practice Rules. Form 5011 is an ob体育 administrative form. Requirement: Lodgement is mandatory, contingent on the meeting being convened. Tick-a-box choice (Details of minutes of meeting): 鈥楴o, the minutes are not being lodged for a meeting convened under s436E, or s439A of the Corporations Act 2001鈥�. Lodgement: The person presiding at the meeting must lodge the minutes of the meeting within 1 month after the end of the meeting. Online lodgement is preferred. Note 1: The meeting is to be adjourned and reconvened if there is no quorum after 30 minutes: Rule 75-105(4). Minutes of the meeting with no quorum must be lodged: Rule 75-145. Note 2: Under Rule 75-145(4), a record of persons present at a meeting must be kept as part of the minutes. Form 5011 provides further guidance about this requirement. |
|
11 |
Section 533 report required Submit |
Legislation: section 533. Requirement: Lodgement is mandatory, contingent on the circumstances arising (if it appears to the liquidator that a relevant person may have: committed an offence in relation to the company, been negligent, or otherwise engaged in misconduct; or where the company may be unable to pay its unsecured creditors a dividend of more than 50 cents in the dollar). Tick-a-box choice (Under what provision are you lodging this report): 鈥楽ection 533 (liquidator reports)鈥�. Lodgement: The liquidator must lodge as soon as practicable, and in any event within 6 months, after forming an opinion. Online lodgement via the ob体育 Regulatory Portal is preferred. Note 1: A freeform written report can be lodged to comply with section 533, but submitting an insolvency initial statutory report is preferred. Note 2: See Regulatory Guide 16 External administrators: Reporting and lodging (RG 16) for more details. |
|
12 |
Form 5602 |
Legislation: section 70-5(3) of Schedule 2. Form 5602 is an ob体育-approved form. Requirement: Lodgement is mandatory. Lodgement: The liquidator must lodge within 3 months after the end of the 鈥榓dministration return year鈥�, which is the period of 12 months beginning on the day of appointment and each subsequent period of 12 months. The liquidator must also give notice to the creditors that a return has been lodged when next forwarding a report, notice of meeting, notice of call or dividend: section 70-5(6)(c). Online lodgement as structured data is required. Note: See the additional guidance to INFO 29 for information on lodging Form 5602 where a replacement registered liquidator is appointed. |
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13 (select one of the optional Steps 13a鈥�13c, as dictated by the circumstances): |
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13a |
Form 565 |
Legislation: section 481(5)(b) and regulation 1.0.21. ob体育 has applied the number 鈥�565鈥� to lodgement of the required information for administrative purposes (i.e. there is no actual Form 565). Requirement: Lodgement is mandatory, contingent on the circumstances arising (if the court releases the liquidator and deregisters the company). Lodgement: The liquidator must lodge an office copy of the court order within 14 days after the court makes the order. An office copy of a court order must bear an originally stamped seal or an electronic seal of the registry of the court. Company status: The company status will change from EXAD to DRGD immediately after Form 565 is processed. |
|
with 鈥� |
Form 105 |
Legislation: regulation 1.0.21. Form 105 is prescribed by the Corporations Regulations. Requirement: Lodgement is mandatory, contingent on the circumstances arising (if the court releases the liquidator and deregisters the company). Tick-a-box choice (Type of court order 鈥� external administration): 鈥榮481(5) deregistering a company or releasing a liquidator鈥�. Lodgement: The applicant must lodge Form 105 with the office copy of the court order. |
|
13b |
Form 566 |
Legislation: section 481(5)(a) and regulation 1.0.21. ob体育 has applied the number 鈥�566鈥� to lodgement of the required information for administrative purposes (i.e. there is no actual Form 566). Requirement: Lodgement is mandatory, contingent on the circumstances arising (if the court releases the liquidator). Lodgement: The company must lodge an office copy of the court order within 14 days after the court makes the order. An office copy of a court order must bear an originally stamped seal or an electronic seal of the registry of the court. Note: Information on the company register may be incomplete or misleading in the absence of the form. The liquidator should ensure this form is lodged. Company status: The company status stays as EXAD until Form 5603 is lodged. |
|
with 鈥� |
Form 105 |
Legislation: regulation 1.0.21. Form 105 is prescribed by the Corporations Regulations. Requirement: Lodgement is mandatory, contingent on the circumstances arising (if the court releases the liquidator). Tick-a-box choice (Type of court order 鈥� external administration): 鈥榮481(5) deregistering a company or releasing a liquidator鈥�. Lodgement: The applicant must lodge Form 105 with the office copy of the court order. An office copy of a court order must bear an originally stamped seal or an electronic seal of the registry of the court. |
|
13c |
Form 567 |
Legislation: section 482(1) and (5) and regulation 1.0.21. ob体育 has applied the number 鈥�567鈥� to lodgement of the required information for administrative purposes (i.e. there is no actual Form 567). Requirement: Lodgement is mandatory, contingent on the circumstances arising (if the court stays or terminates the winding up). Lodgement: The company must lodge an office copy of the court order within 14 days after the court makes the order. An office copy of a court order must bear an originally stamped seal or an electronic seal of the registry of the court. Note: Information on the company register may be incomplete or misleading in the absence of the form. The liquidator should ensure this form is lodged. Company status: The company status will change from EXAD to REGD. A partial-year Form 5602 should be lodged instead of Form 5603, as the affairs of the company have not been fully wound up and the company should not be deregistered. |
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with 鈥� |
Form 105 |
Legislation: regulation 1.0.21. Form 105 is prescribed by the Corporations Regulations. Requirement: Lodgement is mandatory, contingent on the circumstances arising (if the court stays or terminates the winding up). Tick-a-box choice (Type of court order 鈥� external administration): 鈥榮482(5) staying or terminating a winding up鈥�. Lodgement: The applicant must lodge Form 105 with the office copy of the court order. An office copy of a court order must bear an originally stamped seal or an electronic seal of the registry of the court. |
|
14 |
Form 505 |
Legislation: section 537(2). Form 505 is an ob体育-approved form. Requirement: Unless the liquidator resigns or is removed there is no statutory requirement to lodge Form 505 at the finalisation of a liquidation; however, the liquidator may choose to avoid the role becoming current again if the company registration is reinstated under section 601AH(2) and the liquidator is not required to act. Tick-a-box choice (Ceasing, resignation or removal): 鈥楥ease鈥� (or 鈥楻esignation or removal of liquidator (including court-appointed liquidator)鈥� on paper form). Lodgement: The liquidator must lodge within 14 days after cessation. Online lodgement is preferred. |
|
15 |
Form 5603 |
Legislation: section 70-6(2) of Schedule 2. Form 5603 is an ob体育-approved form. Requirement: Lodgement is mandatory. Lodgement: The liquidator must lodge within 1 month after the end of the external administration. The liquidator must also give notice to the creditors that a return has been lodged, if requested to do so in writing: section 70-6(4). Online lodgement as structured data is required. Company status: The company status will change from EXAD to DRGD 3 months after lodgement of Form 5603: section 509(1). |
听 |
More information
For more information on external administration, visit asic.gov.au/insolvency or contact ob体育 on 1300 300 630 or online at asic.gov.au/question.
More flowcharts for form lodgements
- Flowchart 1: Liquidator in a members鈥� voluntary winding up
- Flowchart 2: Liquidator in a creditors鈥� voluntary winding up
- Flowchart 2A: Liquidator in a creditors鈥� voluntary winding up (simplified liquidation process)
- Flowchart 4: Liquidator in a provisional liquidation
- Flowchart 5: Administrator in a voluntary administration
- Flowchart 6: Administrator in a deed of company arrangement (DOCA)
- Flowchart 7: Voluntary administration or DOCA to a creditors鈥� voluntary winding up
- Flowchart 8: Receiver
- Flowchart 9: Receiver and manager
- Flowchart 10: Controller (other than a receiver, receiver and manager, or managing controller)
- Flowchart 11: Managing controller (other than a receiver and manager)
- Flowchart 12: Pooling
- Flowchart 13: Scheme of arrangement or reconstruction
- Flowchart 14: Restructuring practitioner of a company
- Flowchart 15: Restructuring practitioner of a restructuring plan for a company
听
[1] Types of forms: Information is lodged with, and received by, ob体育 for recording on the company register as 鈥榝orms鈥�. Forms fall into one of the following categories:
- a prescribed form, which is a form prescribed in Schedule 2 to the Corporations Regulations, or
- an ob体育-approved form, which is a form that is not prescribed, but is one that ob体育 may approve under section 350 of the Corporations Act and section 100-6 of Schedule 2, or
- an ob体育 administrative form, which is a form that is neither prescribed nor approved, but is one that has been given an administrative form number by ob体育 for the purpose of identifying the type of information being lodged (e.g. Form 5011).
[2] Company status: Certain form lodgements cause company status changes. These may not apply if a company is subject to another external administration. The status of a company is recorded on ob体育鈥檚 database as:
- REGD 鈥� registered
- EXAD 鈥� under external administration and/or controller appointed
- SOFF 鈥� strike-off action in progress
- DRGD 鈥� deregistered
[3] ob体育 published notices website: An ob体育-hosted website for the publication of notices, including insolvency and external administration-related notices, required to be published in the prescribed manner under Part 5.1, 5.3A, 5.4, 5.4B, 5.4C, 5.5, 5.6, 5.8 or 5A.1 of the Corporations Act, Schedule 2, the Practice Rules or lodged in accordance with regulation 5.6.75 of the Corporations Regulations.