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Economic Crime (Transparency and Enforcement) Act 2022
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- UK Public General Acts
- 2022 c. 10
- SCHEDULE 2
- PART 5
- Paragraph 21
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Rights exercisable only in certain circumstances etcU.K.
This section has no associated Explanatory Notes
21(1)Rights that are exercisable only in certain circumstances are to be taken into account only—
(a)when the circumstances have arisen, and for so long as they continue to obtain, or
(b)when the circumstances are within the control of the person having the rights.
(2)But rights that are exercisable by an administrator or by creditors while a legal entity is in relevant insolvency proceedings are not to be taken into account even while the entity is in those proceedings.
(3)“Relevant insolvency proceedings” means—
(a)administration within the meaning of the Insolvency Act 1986,
(b)administration within the meaning of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or
(c)proceedings under the insolvency law of a country or territory outside the United Kingdom during which an entity’s assets and affairs are subject to the control or supervision of a third party or creditor.
(4)Rights that are normally exercisable but are temporarily incapable of exercise are to continue to be taken into account.
Commencement Information
I1Sch. 2 para. 21 not in force at Royal Assent, see s. 69
I2Sch. 2 para. 21 in force at 1.8.2022 (except in so far as relating to ss. 7–11 of the Act) by S.I. 2022/876, reg. 3(b)
I3Sch. 2 para. 21 in force in so far as not already in force at 12.10.2022 by S.I. 2022/1039, reg. 2(b)
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