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Insolvency Act 1986

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Changes over time for: Section 75

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Version Superseded: 01/10/2009

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Point in time view as at 01/11/2007. This version of this provision has been superseded. Help about Status

Changes to legislation:

Insolvency Act 1986, Section 75 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

75 Directors, etc. with unlimited liability.E+W+S

(1)In the winding up of a limited company, any director or manager (whether past or present) whose liability is under the Companies Act unlimited is liable, in addition to his liability (if any) to contribute as an ordinary member, to make a further contribution as if he were at the commencement of the winding up a member of an unlimited company.

(2)However—

(a)a past director or manager is not liable to make such further contribution if he has ceased to hold office for a year or more before the commencement of the winding up;

(b)a past director or manager is not liable to make such further contribution in respect of any debt or liability of the company contracted after he ceased to hold office;

(c)subject to the company’s articles, a director or manager is not liable to make such further contribution unless the court deems it necessary to require that contribution in order to satisfy the company’s debts and liabilities, and the expenses of the winding up.

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