- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
4.16.—(1) Subject to the provisions in this Chapter, the following provisions of the Bankruptcy Act shall apply in relation to a liquidation of a company in like manner as they apply in a sequestration of a debtor's estate, subject to the modifications specified in paragraph (2) and to any other necessary modifications:-
(a)section 22(5) and (10) (criminal offence in relation to producing false claims or evidence);
(b)section 48(5), (6) and (8), together with sections 44(2) and (3) and 47(1) as applied by those sections (further evidence in relation to claims);
(c)section 49 (adjudication of claim);
(d)section 50 (entitlement to vote and draw dividend);
(e)section 60 (liabilities and rights of co-obligants); and
(f)Schedule 1 except paragraphs 2, 4 and 6 (determination of amount of creditor's claim).
(2) For any reference in the provisions of the Bankruptcy Act, as applied by these Rules, to any expression in column 1 below, there shall be substituted a reference to the expression in column 2 opposite thereto -
Column 1 | Column 2 |
---|---|
Interim trustee | Liquidator |
Permanent trustee | Liquidator |
Sequestration | Liquidation |
Date of sequestration | Date of commencement of winding up within the meaning of section 129 |
Debtor | Company |
Debtor's assets | Company's assets |
Accountant in Bankruptcy | The court |
Commissioners | Liquidation committee |
Sheriff | The court |
Preferred debts | Preferential debts within the meaning of section 386 |
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: