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Changes over time for: Section 55
Llinell Amser Newidiadau
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Version Superseded: 01/12/2001
Status:
Point in time view as at 20/05/1993. This version of this provision has been superseded.
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Changes to legislation:
Insurance Companies Act 1982 (repealed), Section 55 is up to date with all changes known to be in force on or before 06 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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55 Winding up of insurance companies with long term business.U.K.
(1)No insurance company to which this Part of this Act applies which is an unincorporated body and carries on long term business shall be made the subject of bankruptcy proceedings or, in Scotland, sequestration proceedings.
(2)No insurance company to which this Part of this Act applies which carries on long term business shall be wound up voluntarily.
(3)Section 29(1) above shall not have effect in relation to the winding up of a company to which section 28(1) above applies but, subject to subsection (4) below and to rules made by virtue of section 59(2) below, in any such winding up—
(a)the assets representing the fund or funds maintained by the company in respect of its long term business shall be available only for meeting the liabilities of the company attributable to that business;
(b)the other assets of the company shall be available only for meeting the liabilities of the company attributable to its other business.
(4)Where the value of the assets mentioned in either paragraph of subsection (3) above exceeds the amount of the liabilities mentioned in that paragraph the restriction imposed by that subsection shall not apply to so much of those assets as represents the excess.
(5)In relation to the assets falling within either paragraph of subsection (3) above the creditors mentioned in [section 168(2) of the Insolvency Act 1986] or, as the case may be, [Article 143(2) of the Insolvency (Northern Ireland) Order 1989] shall be only those who are creditors in respect of liabilities falling within that paragraph; and any general meetings of creditors summoned for the purposes of that section shall accordingly be separate general meetings of the creditors in respect of the liabilities falling within each paragraph.
(6)Where under section [212 of the Insolvency Act 1986] or [Article 176 of the Insolvency (Northern Ireland) Order 1989] (defalcations of directors etc. disclosed in course of winding up) a court orders any money or property to be repaid or restored to a company or any sum to be contributed to its assets then, if and so far as the wrongful act which is the reason for the making of the order related to assets representing a fund or funds maintained by the company in respect of its long term business, the court shall include in the order a direction that the money, property or contribution shall be treated for the purposes of this Act as assets of that fund or those funds and this Act shall have effect accordingly.
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