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AI Summary of 440. Preferential payments when receiver is appointed under floating charge

Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 9 June 2017 - onwards
Version 3 of 3

440. Preferential payments when receiver is appointed under floating charge

(1) Where either -

(a) a receiver of the property of a company is appointed on behalf of the holders of any debentures of the company secured by any charge created as a floating charge by the company, or

(b) possession is taken by or on behalf of those debenture holders of any property comprised in or subject to the charge,

then, if the company is not at the time in the course of being wound up, the debts which in every winding up are, under the provisions of Part 11 relating to preferential payments, to be paid in priority to all other debts, shall be paid out of any assets coming to the hands of the receiver or other person taking possession as mentioned above in priority to any claim for principal or interest in respect of the debentures.

(2) In the application of the foregoing provisions, section 621(2)(c) shall be read as if the provision for payment of accrued holiday remuneration becoming payable on the termination of employment before or by the effect of the winding-up order or resolution were a provision for payment of such remuneration becoming payable on the termination of employment before or by the effect of the appointment of the receiver or possession being taken as mentioned above.