Did I mention that 3dg had exactly $280,499.43 in the bank but some how, some went missing. Only $248,504.15 made it into the new account that the admin setup?
Did I also mention that the announcement made on the 30/12/2015 not only leaves that out but also fails to mention that all of the manufacturing equipment including the 2 giant printers were abandoned at the factory that Conidi, Pertile and Popovski would not pay rent in?
The announcement also wrongly states that all creditors were paid in full (100 cents in the dollar)?
You do realise that any announcement of this type have to be concise and fully truthful?
I'm sure by now even you would understand the reasons one can use VA.
You can read for yourself what the valid use of VA is. But just incase you can't find it, here it is again.
The necessary precondition for a valid appointment is that the opinion of the majority of directors is that the the company is either insolvent or likely to become insolvent.
As the Corporations Act is now a Commonwealth statute, this provision
must be read in a “purposive” fashion. Accordingly, it would be inappropriate to permit the valid appointment of an administrator by resolution in circumstances where there is little evidence of
either insolvency or its substantial or reasonable likelihood.
Accordingly, while a company need not be insolvent in order for
the board to appoint an administrator, what is required is that the board turn its
mind to the question and form a bona fide and genuine opinion as to the
solvency (or likely solvency) of the company.
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Did I mention that 3dg had exactly $280,499.43 in the bank but...
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