Versions

 

47. Publicity

(1) While a Company is in administration, every business document issued by or on behalf of the Company or the administrator of the Company, and all the Company's websites, must state —
(a) the name of the administrator of the Company; and
(b) that the affairs, business and property of the Company are being managed by the administrator of the Company.
(2) Any of the following persons commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if without reasonable excuse the person authorises or permits a contravention of subsection (1) —
(a) the administrator of the Company;
(b) an officer of the Company; and
(c) the Company.
(3) While a Company is subject to a Deed of Company Arrangement, every business document issued by or on behalf of the Company, and all the Company's websites must state that the Company is subject to a Deed of Company Arrangement, unless the Court otherwise grants leave.
(4) Any of the following persons commits a contravention and is liable to a fine at the relevant level set out in the Fines Schedule if without reasonable excuse the person authorises or permits a contravention of subsection (3) —
(a) the administrator of the Deed of Company Arrangement;
(b) an officer of the Company; and
(c) the Company.
(5) The Court may only grant leave under subsection (3) on the application of the administrator of the Deed of Company Arrangement or other interested party and only if it is satisfied that the granting of such leave will not result in a significant risk to the interests of the Company's creditors (including contingent or prospective creditors) as a whole.
(6) In subsections (1) and (3) "business document" means —
(a) an invoice;
(b) an order for goods or services;
(c) a business letter; and
(d) an order form,
whether in hard copy, electronic or any other form.