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Contents

Part 8 · Winding Up

199. Expenses of winding up where assets insufficient

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(1)

Unless expressly directed to do so by the Official Receiver, a liquidator is not liable to incur any expense in relation to the winding up of a company unless there are sufficient available assets.

(2)

The Official Receiver may, on the application of a creditor or a contributory, direct a liquidator to incur a particular expense on condition that —

(a)

the creditor or contributory indemnifies the liquidator in respect of the recovery of the amount expended; and

(b)

if the Official Receiver so directs, the creditor or contributory gives such security to secure the amount of the indemnity as the Official Receiver thinks reasonable.

(3)

Where the Official Receiver is the liquidator, the Official Receiver is not liable to incur any expense in relation to the winding up of a company unless there are sufficient available assets.

(4)

Where the Official Receiver is the liquidator, the Official Receiver may, on the application of a creditor or a contributory, incur a particular expense on the condition that —

(a)

the creditor or contributory indemnifies the Official Receiver in respect of the recovery of the amount expended; and

(b)

if the Official Receiver so directs, the creditor or contributory gives such security to secure the amount of the indemnity as the Official Receiver thinks reasonable.

Report

Part 9

Provisions Applicable in Judicial Management and Winding Up

Part 10

Winding Up of Unregistered Companies and Liquidation or Dissolution of Foreign Companies

Part 10A

Simplified Winding Up

Part 11

Cross-Border Insolvency

Part 12

General Provisions Applicable to Parts 4 to 11

Part 13

Bankruptcy — Preliminary

Part 14

Voluntary Arrangements

Part 15

Debt Repayment Scheme

Part 16

Proceedings in Bankruptcy

Part 17

Administration in Bankruptcy

Part 18

Annulment and Discharge

Part 19

Duties, Disqualification and Disabilities of Bankrupt

Part 20

Bankruptcy Offences

Part 21

Bankruptcy Miscellaneous Provisions

Part 22

Provisions Against Debt Avoidance and Limitation on Certain Contractual Rights

Part 23

Miscellaneous and General Provisions

Part 24

Consequential and Related Amendments to Other Acts

Part 25

Saving and Transitional Provisions

Schedules