Companies Act 2014

440.

Preferential payments when receiver is appointed under floating charge

440. (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 F224 [ 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.

(3) For the purposes of this section, the periods of time mentioned in the foregoing provisions of Part 11 shall be reckoned as beginning after the date of the appointment of the receiver or of possession being taken as mentioned above, as the case may be.

(4) Any payments made under this section shall be recouped so far as may be out of the assets of the company available for payment of general creditors.

Annotations

Amendments:

F224

Substituted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 98(d), S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.

Modifications (not altering text):

C125

Application of section construed by Taxes Consolidation Act 1997 (39/1997), s. 1080A(8)(d) as inserted (1.08.2020) by Financial Provisions (Covid-19) (No. 2) Act 2020 (8/2020), s. 6, commenced on enactment.

Interest on overdue tax - supplementary provision

1080A. ...

(8) Subject to subsection (9)—

(a) every enactment relating to the recovery of tax,

(b) every rule of court so relating,

(c) section 81 of the Bankruptcy Act 1988, and

(d) sections 440 and 621 of the Companies Act 2014,

shall apply to the recovery of any amount of interest payable on that tax as if that amount of interest were a part of that tax.