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Insolvency Act 1986
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Changes over time for: Section 55
Version Superseded: 28/06/2016
Alternative versions:
- 01/02/1991- Amendment
- 27/09/2005
Point in time - 28/06/2016- Amendment
- 04/01/2024- Amendment
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55 Powers of receiver.S
(1)Subject to the next subsection, a receiver has in relation to such part of the property of the company as is attached by the floating charge by virtue of which he was appointed, the powers, if any, given to him by the instrument creating that charge.
(2)In addition, the receiver has under this Chapter the powers as respects that property (in so far as these are not inconsistent with any provision contained in that instrument) which are specified in Schedule 2 to this Act.
(3)Subsections (1) and (2) apply—
(a)subject to the rights of any person who has effectually executed diligence on all or any part of the property of the company prior to the appointment of the receiver, and
(b)subject to the rights of any person who holds over all or any part of the property of the company a fixed security or floating charge having priority, over, or ranking pari passu with, the floating charge by virtue of which the receiver was appointed.
(4)A person dealing with a receiver in good faith and for value is not concerned to enquire whether the receiver is acting within his powers.
Modifications etc. (not altering text)
C1Ss. 55-58 applied (with modifications) (6.4.2001) by S.S.I. 2001/128, reg. 4(1), Sch. 2
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