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Corporations Act 2001
Subsection 439A(1)
Insolvency Practice Rules (Corporations) 2016 s75-40(1)

NOTICE OF SECOND MEETING OF CREDITORS OF COMPANY UNDER ADMINISTRATION

Company details

Company: Necessary Holdings Pty Ltd
ACN: 050 218 507
Status: Administrator Appointed
Appointed: 11 May 2020

Meeting details

Notice is given that a second meeting of the creditors of the Company, or a second meeting for each of the Companies, (for multiple companies), will be held:

Location: Due to the COVID-19 pandemic, creditors are invited to attend the meeting via telephone conference. Please note that pre-registration is required for this meeting.
Meeting date: 16 September 2020
Meeting time: 11:00AM

(If multiple companies, see special instructions for meeting times)

Agenda

The purpose of the meeting(s) is:

  1. to receive the report by the Administrator(s) about the business, property, affairs and financial circumstances of the Company(ies); and
  2. to receive a statement of Administrator(s) opinion and reasons for the opinion:
    1. whether it would be in the creditors' interests for the Company(ies) to execute a deed of company arrangement;
    2. whether it would be in the creditors' interests for the administration to end;
    3. whether it would be in the creditors' interests for the company to be wound up;
  3. to receive a statement of such other information known to the administrator as will enable the creditors to make an informed decision about the matters at paragraphs 2(a) – (c) above;
  4. to receive details of any transactions that appear to the Administrator(s) to be a voidable transaction in respect of which money, property, or other benefits may be recoverable by a liquidator under part 5.7B of the Act
  5. to receive details of any proposed deed of company arrangement; and
  6. for the creditors of the Company(ies) to resolve that:
    1. the Company(ies) execute a deed of company arrangement; or
    2. the administration(s) should end; or
    3. the Company(ies) be wound up.

Other agenda items are:

    1. For creditors to resolve to fix the remuneration of the Administrator.

    2. For creditors to resolve to allow the Administrator, Deed Administrator and/or Liquidator internal disbursements/consumables.

    3. If the Company is placed into liquidation, and if appropriate, to appoint a Committee of Inspection.

    4. If the Company is placed into liquidation, to authorise the Liquidator to be able to compromise debts in excess $100,000.

    5. If the Company is placed into liquidation, to authorise the Liquidator to enter into litigation funding facilities to pursue any legal actions including voidable and insolvent transactions arising from the liquidation.

    6. Any other business.

    Proof of debt and proxies

    Creditors wishing to attend are advised proofs and proxies are to be submitted to the Administrator by:

    Time: 04:00PM
    Date: 15 September 2020

    Special instructions

    Due to the nature of the meeting, and to ensure all persons attending the meeting and their votes are properly recorded, pre-registration will be required at least 2 business days prior to the meeting.

    Please contact our office for the more information on how to register for this meeting.

    Electronic facilities

    Creditors wishing to attend by electronic means are advised they can utilise the following facility:

    Facility Number: Upon request
    Password: Upon request

    Creditors wishing to participate in the meeting by using electronic facilities must return to the external administrator not later than the second-last business day before the day of the meeting, a written statement setting out

    i. the name of the person and of the proxy or attorney, (if any); and
    ii. an address to which notices to the person, proxy or attorney may be sent; and
    iii. a method by which the person, proxy or attorney may be contacted for the purposes of the meeting.


    Date of Notice: 08 September 2020

    Robert Allan Jacobs
    Administrator

    Address Auxilium Partners
    Level 2
    949 Wellington Street
    WEST PERTH WA 6005
    Contact person Brendon Turner
    Contact number 08 9480 0619
    Facsimile 08 9322 5687
    Email bturner@auxiliumpartners.com.au
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