(1) For the purposes of paragraph 453A(b) of the Act, the restructuring of a company ends if:
(a) the company makes a declaration under subregulation (2); or
(b) the company fails to propose a restructuring plan within the proposal period; or
(c) the company’s proposal to make a restructuring plan lapses under regulation 5.3B.20; or
(d) the restructuring practitioner for the company terminates the restructuring under section 453J of the Act; or
(e) the Court orders that the restructuring of the company is to end; or
(f) an administrator of the company is appointed under section 436A, 436B or 436C of the Act; or
(g) a liquidator or provisional liquidator of the company is appointed; or
(h) if the company is a general insurer (within the meaning of the Insurance Act 1973)—management of the general insurer vests in a judicial manager of the company appointed by the Federal Court under Part VB of the Insurance Act 1973; or
(i) if the company is a life company (within the meaning of the Life Insurance Act 1995)—management of the life company vests in a judicial manager of the life company appointed by the Federal Court under Part 8 of the Life Insurance Act 1995; or
(j) the company makes a restructuring plan.
(2) The directors of a company under restructuring:
(a) may make a declaration in writing that the restructuring of the company is to end on a specified day for any reason; and
(b) must give a copy of the declaration to:
(i) the company’s restructuring practitioner; and
(ii) the company’s creditors;
before the day specified in the declaration.
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