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In force2022 Revised Edition
Contents

Part 3

30. Payments of certain debts out of assets subject to floating charge in priority to claims under charge

(1)

Where a receiver or manager is appointed on behalf of the debenture holders of a company secured by a floating charge or possession is taken by or on behalf of debenture holders of any property comprised in or subject to a floating charge, then, if the company is not at the time in the course of being wound up —

Insolvency

(a)

debts which in every winding up are preferential debts and are due by way of wages, salary, retrenchment benefit or ex gratia payment, vacation leave or superannuation or provident fund payments; and

(b)

any amount which in a winding up is payable in pursuance of section 147(6) or (8), shall be paid out of any assets coming to the hands of the receiver or manager, in priority to any claim for principal or interest in respect of the debentures.

(2)

For the purposes of subsection (1), the references in section 147(1)(d), (e), (f) and (g) to the commencement of the winding up shall be read as a reference to the date of the appointment of the receiver or manager or of possession being taken as aforesaid, as the case requires.

(3)

Any payment made under this section shall be recovered as far as may be out of the assets of the company available for payment of general creditors.

Report

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

Winding Up of Unregistered Companies

Part 7

Part 8

Part 9

Part 10

Part 11

Schedules