Part III Receivership (ss [28-[72H)
Part III Receivership (ss [28-[72H)

[28 Extent of this Chapter]

[(1)     In this Chapter “company” means a company registered under the Companies Act 2006 in England and Wales or Scotland.

(2)     This Chapter does not apply to receivers appointed under Chapter 2 of this Part (Scotland).]


29 Definitions

(1)     It is hereby declared that, except where the context otherwise requires—

(a)     any reference in . . . this Act to a receiver or manager of the property of a company, or to a receiver of it, includes a receiver or manager, or (as the case may be) a receiver of part only of that property and a receiver only of the income arising from the property or from part of it; and

(b)     any reference in . . . this Act to the appointment of a receiver or manager under powers contained in an instrument includes an appointment made under powers which, by virtue of any enactment, are implied in and have effect as if contained in an instrument.

(2)     In this Chapter “administrative receiver” means—

(a)     a receiver or manager of the whole (or substantially the whole) of a company's property appointed by or on behalf of the holders of any debentures of the company secured by a charge which, as created, was a floating charge, or by such a charge and one or more other securities; or

(b)     a person who would be such a receiver or manager but for the appointment of some other person as the receiver of part of the company's property.


30 Disqualification of body corporate from acting as receiver

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