Insolvency Act · 2022 Revised Edition · Part 2
14. Effect of approval
Official textFrom Attorney General's Chambers, unchanged
This section applies where a decision approving a voluntary arrangement has effect under section 13(2).
voluntary arrangement
“voluntary arrangement” means the voluntary arrangement described in section 8.
The voluntary arrangement —
takes effect as if made by the company at the meeting of the company’s creditors; and
binds every person who in accordance with the rules —
was entitled to vote at that meeting (whether or not he was present or represented at it); or
would have been so entitled if he had had notice of it, as if he were a party to the voluntary arrangement.
If —
when the arrangement ceases to have effect, any amount payable under the arrangement to a person bound by virtue of subsection (2)(b)(ii) has not been paid; and
the arrangement did not come to an end prematurely,
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the company shall at that time become liable to pay to that person the amount payable under the arrangement.
Subject to subsection (5), if the company is being wound up or is in judicial management, the Court may do one or both of the following —
company
“company” means a company incorporated or registered under the Companies Act;
by order stay all proceedings in the winding up or provide for the appointment of the judicial manager to cease to have effect;
give such directions with respect to the conduct of the winding up or the judicial management as it thinks fit for facilitating the implementation of the voluntary arrangement.
The Court shall not make an order under subsection (4)(a) —
Court
“Court”, in relation to a company, means a court having jurisdiction to wind up the company;
at any time before the end of the period of 28 days beginning with the first day on which each of the reports required by section 12(7) has been made to the Court; or
at any time when an application under section 15 or an appeal in respect of such an application is pending, or at any time in the period within which such an appeal may be brought.
Terms defined in s 3
company
Defined · s 3“company” means a company incorporated or registered under the Companies Act;
Court
Defined · s 3“Court”, in relation to a company, means a court having jurisdiction to wind up the company;
insolvency
Defined · s 3“insolvency”, in relation to a company, includes the approval of a voluntary arrangement or the appointment of a judicial manager;
voluntary arrangement
Defined · s 3“voluntary arrangement” means the voluntary arrangement described in section 8.
Part 3
Part
Judicial Management
Part
Winding Up of Companies Registered Under Companies Act
Chapter I
Chapter II
Chapter III
Chapter IV
Chapter V
Chapter VI
Chapter VII
Chapter VIII
Chapter IX
Chapter X
Part