LIQUIDATION DIRECT

Solutions for Businesses in Distress

How long does a creditor have to lodge a winding up application?

Section 459C(2) provides that the presumption of insolvency only lasts for three (3) months after the Statutory Demand is served and before the application to wind up the company is lodged.

If an application to wind up the debtor company is not lodged within that time, then the Statutory Demand cannot be relied upon and the process of issuing the demand will need to be started afresh.


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Liquidation Direct - Experts in Statutory Demand. Low Cost Liquidation specialists for voluntary liquidation, voluntary administration, bankruptcy and Part X Personal Insolvency Agreement and Part IX Debt Agreement. Operating as Liquidators in Sydney, Liquidator in Melbourne, Liquidators in Brisbane, Adelaide and Perth.

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