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When you want to be Court

Writer: Scott Pascoe
Scott Pascoe
Jan 21, 2025
1 min read

An exception to recently passed AML reporting law for business transactions is; The money etc. is being held or managed under the order of a court or tribunal. Arguably, Court appointed liquidators would therefore be exempt from AML regulation, but creditors voluntary liquidators would not. The same dichotomy would apply to bankruptcy trustee appointed by debtors’ petition but not creditors’ petition.


Why would 2 types of appointment with essentially the same powers and duties be subject to different AML requirements?


Under the exceptions for acting as a director or trustee however, bankruptcy trustees are exempt (regardless of how appointed) but again, only court appointed liquidators and not voluntary ones. What will be the obligations on the 9 other types of external company administrations that have not been specified by the Act be?

 
 
 

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