CORPORATIONS ACT 2001 - SECT 490 When company cannot wind up voluntarily
CORPORATIONS ACT 2001 - SECT 490
When company cannot wind up voluntarily(1) Except with the leave of the Court, a company cannot resolve that it be wound up voluntarily if:
(a) an application for the company to be wound up in insolvency has been filed; or
(b) the Court has ordered that the company be wound up in insolvency, whether or not the order was made on such an application; or
(c) the company is a trustee company that is in the course of administering or managing one or more estates.
(2) A person with a proper interest in the estate referred to in
paragraph (1)(c), or who has any claim in respect of the estate, is
entitled to be heard in a proceeding before the Court for leave under
subsection (1).