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Queensland Building and Construction Commission (Minimum Financial Requirements) Regulation 2018
sec.17CWho is eligible to be covenantor under deed of covenant and assurance
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### sec.17C Who is eligible to be covenantor under deed of covenant and assurance
A person is eligible to enter a deed of covenant and assurance as a covenantor in favour of a licensee that is a corporation, if the person is—
a director of the corporation; or
a related body corporate of the corporation.
Also, a person is eligible to enter a deed of covenant and assurance as a covenantor in favour of a licensee if the person is—
for a licensee who is a trustee of a trust—a beneficiary of the trust; or
for a licensee who is, or is to be, an entity carrying on business in a partnership—another partner in the partnership; or
for a licensee that is a group company—another group company in the same corporate group.
However, a person is only eligible under subsection (1) or (2) if the person holds net tangible assets, worked out under division 1 as if a reference to a licensee were a reference to the person, of an amount that is at least equal to the value of the deed of covenant asset.
In this section—
related body corporate , of a corporation, means—
a related body corporate of the corporation under the Corporations Act , section 50 ; or
another corporation that has the same shareholders or directors as the corporation.
s 17C ins 2019 SL No. 30 s 23
(sec.17C-ssec.1) A person is eligible to enter a deed of covenant and assurance as a covenantor in favour of a licensee that is a corporation, if the person is— a director of the corporation; or a related body corporate of the corporation.
(sec.17C-ssec.2) Also, a person is eligible to enter a deed of covenant and assurance as a covenantor in favour of a licensee if the person is— for a licensee who is a trustee of a trust—a beneficiary of the trust; or for a licensee who is, or is to be, an entity carrying on business in a partnership—another partner in the partnership; or for a licensee that is a group company—another group company in the same corporate group.
(sec.17C-ssec.3) However, a person is only eligible under subsection (1) or (2) if the person holds net tangible assets, worked out under division 1 as if a reference to a licensee were a reference to the person, of an amount that is at least equal to the value of the deed of covenant asset.
(sec.17C-ssec.4) In this section— related body corporate , of a corporation, means— a related body corporate of the corporation under the Corporations Act , section 50 ; or another corporation that has the same shareholders or directors as the corporation.
- (a) a director of the corporation; or
- (b) a related body corporate of the corporation.
- (a) for a licensee who is a trustee of a trust—a beneficiary of the trust; or
- (b) for a licensee who is, or is to be, an entity carrying on business in a partnership—another partner in the partnership; or
- (c) for a licensee that is a group company—another group company in the same corporate group.
- (a) a related body corporate of the corporation under the Corporations Act , section 50 ; or
- (b) another corporation that has the same shareholders or directors as the corporation.