In force2020 Revised Edition

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Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 23 · Miscellaneous and General Provisions

441. Application of sections 442, 443 and 444, etc.

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(1)

Sections 442, 443 and 444 do not apply to —

(a)

the filing, lodgment or submission of a notice or other document with or to the Registrar of Companies or the Official Receiver;

(b)

the filing of any notice or other document with the Court;

(c)

the service of a written demand mentioned in section 125(2)(a); or

(d)

the service of a statutory demand mentioned in section 312.

(2)

In this section and sections 442, 443 and 444, “document” has the meaning given by section 61(1).

(3)

In sections 443, 444, 445 and 446, “relevant officeholder” means —

(a)

in relation to a company —

(i)

the Official Receiver, when acting as liquidator or provisional liquidator; or

(ii)

a liquidator, provisional liquidator, judicial manager, or receiver or manager; and

(b)

in relation to an individual —

(i)

the Official Assignee;

(ii)

a person appointed as a trustee in bankruptcy; or

(iii)

a nominee under a voluntary arrangement approved under Part 14.

Terms defined in this Act

company
Defined · s 2
“company” has the meaning given by section 4(1) of the Companies Act 1967;
Open s 2
Court
Defined · s 2
“Court” means the General Division of the High Court;
Open s 2
document
Defined · s 61
“document” includes any summons, order or other legal process, any notice and any register;
Open s 61
judicial manager
Defined · s 88
“judicial manager”, in relation to a company, means a person appointed under this Part to manage the company and its affairs, business and property, but does not, unless a contrary intention appears, include an interim judicial manager;
Open s 88
liquidator
Defined · s 2
“liquidator” includes the Official Receiver when acting as the liquidator of a corporation;
Open s 2
nominee
Defined · s 273
“nominee” means the person appointed by virtue of a debtor’s proposal for a voluntary arrangement under Part 14 to act as trustee or otherwise to supervise the implementation of the voluntary arrangement and includes —(a)any replacement of such person pursuant to a direction under section 280(3)(a) or an order under section 286(5); and(b)any person upon whom the functions of the nominee have been conferred by a creditors’ meeting pursuant to section 282(3);
Open s 273
Official Assignee
Defined · s 2
“Official Assignee” means the Official Assignee appointed under section 16(1) and includes a Deputy Official Assignee, a Senior Assistant Official Assignee and an Assistant Official Assignee;
Open s 2
Official Receiver
Defined · s 2
“Official Receiver” means the Official Receiver appointed under section 17(1) and includes a Deputy Official Receiver, a Senior Assistant Official Receiver and an Assistant Official Receiver;
Open s 2
Registrar of Companies
Defined · s 2
“Registrar of Companies” means the Registrar of Companies appointed under section 8 of the Companies Act 1967 and includes any Deputy or Assistant Registrar of Companies;
Open s 2
statutory demand
Defined · s 273
“statutory demand” means a demand in the prescribed form which requires the person to whom it is addressed to pay, secure or compound to the reasonable satisfaction of the creditor making the demand, any debt owed by the person to the creditor;
Open s 273
trustee in bankruptcy
Defined · s 2
“trustee in bankruptcy” means a person appointed under section 36 as trustee of a bankrupt’s estate.
Open s 2

Report

Read on from s 442

Part 24

Consequential and Related Amendments to Other Acts

Read on from Part 24

Part 25

Saving and Transitional Provisions

Read on from Part 25

Schedules

Read on from Schedules