(1) The administrator of a company under administration must convene a meeting under:
(a) section 439A of the Act (meeting to decide future of company under administration); or
(b) subsection 449C(4) of the Act (vacancy in office of administrator);
by written notice given to as many of the company's creditors as reasonably practicable.
Note: Notice of the meeting must be lodged with ASIC - see section 75-40.
(2) The notice must:
(a) be given at least 5 business days before the meeting; and
(b) contain the following information:
(i) the name of the company;
(ii) any business name of the company;
(iii) the ACN of the company;
(iv) the fact that notice is being given under this section;
(v) the time, date and place for the meeting;
(vi) the purpose for which the meeting is being convened;
(vii) the time and date by which proofs of debt, and proxies for the meeting, are to be submitted;
(viii) the name and contact details of the administrator.
(3) If the meeting is convened under section 439A of the Act, the notice must also be accompanied by:
(a) a report by the external administrator about the company's business, property, affairs and financial circumstances; and
(b) a statement setting out the following:
(i) whether, in the administrator's opinion, it would be in the creditors' interests for the company to execute a deed of company arrangement;
(ii) whether, in the administrator's opinion, it would be in the creditors' interests for the administration to end;
(iii) whether, in the administrator's opinion, it would be in the creditors' interests for the company to be wound up;
(iv) the reasons for the opinions referred to in subparagraphs (i) to (iii);
(v) such other information known to the administrator as will enable the creditors to make an informed decision about each matter covered by subparagraph (i), (ii) or (iii);
(vi) whether there are any transactions that appear to the administrator to be voidable transactions in respect of which money, property or other benefits may be recoverable by a liquidator under Part 5.7B of the Act;
(vii) if a deed of company arrangement is proposed details of the proposed deed.
(4) A copy of the following must be lodged with ASIC within 2 business days of the notice being sent to creditors:
(a) the notice;
(b) if subsection (3) applies - the report and the statement.