Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 588FC

Meaning of insolvent transaction

    A transaction of a company is an insolvent transaction of the company if, and only if, it is an unfair preference given by the company, or an uncommercial transaction of the company, and:

  (a)   any of the following happens at a time when the company is insolvent:

  (i)   the transaction is entered into; or

  (ii)   an act is done, or an omission is made, for the purpose of giving effect to the transaction; or

  (b)   the company becomes insolvent because of, or because of matters including:

  (i)   entering into the transaction; or

  (ii)   a person doing an act, or making an omission, for the purpose of giving effect to the transaction.


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