Part IV Winding Up of Companies Registered under the Companies Acts
Chapter VIII Provisions of General Application in Winding Up
F1176ZAF1Payment of expenses of winding up (England and Wales)
(1)
The expenses of winding up in England and Wales, so far as the assets of the company available for payment of general creditors are insufficient to meet them, have priority over any claims to property comprised in or subject to any floating charge created by the company and shall be paid out of any such property accordingly.
(2)
In subsection (1)—
(a)
the reference to assets of the company available for payment of general creditors does not include any amount made available under section 176A(2)(a);
(b)
the reference to claims to property comprised in or subject to a floating charge is to the claims of—
(i)
the holders of debentures secured by, or holders of, the floating charge, and
(ii)
any preferential creditors entitled to be paid out of that property in priority to them.
(3)
Provision may be made by rules restricting the application of subsection (1), in such circumstances as may be prescribed, to expenses authorised or approved—
(a)
by the holders of debentures secured by, or holders of, the floating charge and by any preferential creditors entitled to be paid in priority to them, or
(b)
by the court.
(4)
References in this section to the expenses of the winding up are to all expenses properly incurred in the winding up, including the remuneration of the liquidator.