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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: Positive Existence Personal Training
ACN: 614 963 209
Status: Administrators 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: By Teleconference
Meeting date: 15 June 2020
Meeting time: 02:00PM

(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. to determine the remuneration of the administrator(s)
  2. to determine the future remuneration of the administrator(s)
  3. to determine the deed administrator(s) and or liquidator(s) future remuneration if appointed
  4. if the company is wound up, to consider the appointment of a committee of inspection and, if so, who are to be the committee members
  5. any other business

To determine whether to execute a deed of company arrangement, to end the administration, or to wind up the company

In the event that the Company is put into Liquidation, authorise the Liquidator to destroy, at her discretion, the books and records of the Company within a period of 5 years after dissolution of the Company, subject to obtaining prior approval from the Australian Securities and Investments Commission; and

Proof of debt and proxies

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

Time: 5:00 PM
Date: 12 June 2020

Special instructions

Due to the threat of COVID-19, and consistent with government policy on gatherings, a virtual meeting will be held via teleconference and you can participate by using our electronic facilities. No physical meeting will be held and all creditors wanting to attend are expected to attend by electronic means only.

Electronic facilities

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

Facility Number: +61283180005 (Dial-in Number)
Password: 587 676 89

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 June 2020

Francis Jude O'Neill
Administrator

David Michael Stimpson
Joint Appointees

Address 1st Floor, Corner Sydney & Gordon Street
Mackay QLD 4740
Contact person Rebecca Patel
Contact number 07 3310 2000
Facsimile 07 3229 7285
Email rebecca.patel@svp.com.au
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