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CORPORATIONS ACT 2001 - SECT 347A Directors must pass a solvency resolution after each review date

CORPORATIONS ACT 2001 - SECT 347A

Directors must pass a solvency resolution after each review date

  (1)   The directors of a company must pass a solvency resolution within 2 months after each review date for the company.

  (2)   Subsection   (1) does not apply to the directors of a company that has lodged a financial report with ASIC under Chapter   2M within the period of 12 months before the review date.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   (2). See subsection   13.3(3) of the Criminal Code .

  (3)   An offence based on subsection   (1) is an offence of strict liability.

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