C8C11C10C9C13Part XVI Provisions Against Debt Avoidance (England and Wales only)

Annotations:
Modifications etc. (not altering text)
C8

Pt. 16 (ss. 423-425) applied (1.12.1994) by S.I. 1994/2421, arts. 4(3)(f), 6(3)(f)

Pt. 16 (ss. 423-425) applied (with modifications) (1.12.1994) by S.I. 1994/2421, arts. 8(4)(5)(8)(9), 10(2)(3)(6), Sch. 4 Pt. II, Sch. 7

C11

Third Group of Parts (Pts. 12-19) applied to limited liability partnerships (with modifications) (E.W.S.) (6.4.2001) by S.I. 2001/1090, reg. 5, Schs. 3, 4 (as amended: (4.3.2004) by S.I. 2004/355, art. 10; (1.10.2005) by S.I. 2005/1989, reg. 3, Sch. 2 (with reg. 4); (8.12.2017) by The Insolvency (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1119), reg. 1(1), Sch. 1 Pts. 2, 3; and (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), reg. 1(1), Sch. 1 (with reg. 3(2)))

C13

Third Group of Parts (Pts. 12-19) applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 1 para. 3 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4)

C1C2C3C4C5C6C7C12423 Transactions defrauding creditors.

1

This section relates to transactions entered into at an undervalue; and a person enters into such a transaction with another person if—

a

he makes a gift to the other person or he otherwise enters into a transaction with the other on terms that provide for him to receive no consideration;

b

he enters into a transaction with the other in consideration of marriage F1or the formation of a civil partnership; or

c

he enters into a transaction with the other for a consideration the value of which, in money or money’s worth, is significantly less than the value, in money or money’s worth, of the consideration provided by himself.

2

Where a person has entered into such a transaction, the court may, if satisfied under the next subsection, make such order as it thinks fit for—

a

restoring the position to what it would have been if the transaction had not been entered into, and

b

protecting the interests of persons who are victims of the transaction.

3

In the case of a person entering into such a transaction, an order shall only be made if the court is satisfied that it was entered into by him for the purpose—

a

of putting assets beyond the reach of a person who is making, or may at some time make, a claim against him, or

b

of otherwise prejudicing the interests of such a person in relation to the claim which he is making or may make.

4

In this section “the court” means the High Court or—

a

if the person entering into the transaction is an individual, any other court which would have jurisdiction in relation to a bankruptcy petition relating to him;

b

if that person is a body capable of being wound up under Part IV or V of this Act, any other court having jurisdiction to wind it up.

5

In relation to a transaction at an undervalue, references here and below to a victim of the transaction are to a person who is, or is capable of being, prejudiced by it; and in the following two sections the person entering into the transaction is referred to as “the debtor”.