Insolvency News and Blog

Statutory demands – how to make them and how to resist them

By Peter Harkin of CBP

In brief – Section 459E statutory demand and insolvency

Under Section 459C of the Corporations Act, a company is presumed to be insolvent if during or after the three months preceding the day on which an application is made for the winding up of the company, one of a number of events occurred. This includes, most commonly, failure to comply with a Section 459E statutory demand which a creditor has served on the company. Continue reading

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