Under the Corporations Act 2001, external administrators (liquidators, administrators) must keep books in external administration for at least 5 years. Clock starts: the external administration ends.
The books of the company and of the external administration held by the external administrator.
2 provisions of the Corporations Act 2001 apply to these records. Each one is set out below.
The terms
Conditions and exceptions Caution
These provisions are in the Insolvency Practice Schedule (Corporations), Schedule 2 to the Corporations Act.
From the provisions:
- Books must be relevant to affairs of the company
- Books must be in the external administrator's possession or control at the end of the external administration
- Does not apply if the external administrator has a reasonable excuse (subsection (2))
- Books may be destroyed within the retention period with ASIC's consent per the process in subsection (3)
- Does not apply for a winding up of a sub-fund of a CCIV (see section 1237P) for subsections (3) and (4)
- Does not apply if the external administrator has a reasonable excuse (subsection (3))
- Reasonable excuse under subsection (3)
The law
Other terms that apply to these records
This page covers books in external administration on their own. The same file is often caught by other laws as well, with different periods and start dates. See why a legal term is not a schedule.
3 records. 3 sets of rules. They don't agree.
One business file can hold all of these at once.
Now do that for every record your organisation holds, and redo it when the law changes. ScheduleOne has done that work, and keeps it current.
See ScheduleOne →