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Inducement to be appointed liquidator etc. of company
Inducement to be appointed liquidator etc. of company
Written by
Shaun Pascoe
Criminal Defence Lawyer
What the Law states - Inducement to be appointed liquidator etc. of company
CORPORATIONS ACT 2001 - SECT 595
Inducement to be appointed liquidator etc. of company(1) A person must not give, or agree or offer to give, to another person any valuable consideration with a view to securing the first-mentioned person's own appointment or nomination, or to securing or preventing the appointment or nomination of a third person, as:
(a) a liquidator or provisional liquidator of a company; or
(b) an administrator of a company; or
(c) an administrator of a deed of company arrangement executed, or to be executed, by a company; or
(d) a receiver, or a receiver and manager, of property of a company; or
(e) a trustee or other person to administer a compromise or arrangement made between a company and any other person or persons.
(2) An offence based on subsection (1) is an offence of strict liability.
For strict liability , see section 6.1 of the Criminal Code .
Maximum Penalty in Victoria
10 penalty units, or imprisonment for 3 months
What the Prosecution must prove - Inducement to be appointed liquidator etc. of company - Vic
1. The accused for the purpose of obtaining a position of liquidator, receiver, or administrator, or trustee,
2. Did induce another person
3. In order to obtain that position or
4 To prevent a third person from attaining that position.
Possible Defences - Inducement to be appointed liquidator etc. of company
Honest and reasonable mistake
Factual dispute
Lack of intent
Which court will hear the charge of Inducement to be appointed liquidator etc. of company
Magistrates Court
