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Companies Act 1989
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Changes over time for: Section 177
Version Superseded: 28/11/2017
Alternative versions:
- 25/04/1991- Amendment
- 15/06/2009- Amendment
- 22/07/2013
Point in time - 28/11/2017- Amendment
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Point in time view as at 22/07/2013. This version of this provision has been superseded.
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177 Application of margin [F1or default fund contribution] not affected by certain other interests.E+W+S
(1)The following provisions have effect with respect to the application by a recognised investment exchange or recognised clearing house of property (other than land) held by the exchange or clearing house as margin in relation to a market contract [F2or as default fund contribution].
(2)So far as necessary to enable the property to be applied in accordance with the rules of the exchange or clearing house, it may be so applied notwithstanding any prior equitable interest or right, or any right or remedy arising from a breach of fiduciary duty, unless the exchange or clearing house had notice of the interest, right or breach of duty at the time the property was provided as margin [F3or as default fund contribution].
(3)No right or remedy arising subsequently to the property being provided as margin [F4or as default fund contribution] may be enforced so as to prevent or interfere with the application of the property by the exchange or clearing house in accordance with its rules.
(4)Where an exchange or clearing house has power by virtue of the above provisions to apply property notwithstanding an interest, right or remedy, a person to whom the exchange or clearing house disposes of the property in accordance with its rules takes free from that interest, right or remedy.
Textual Amendments
F1Words in s. 177 heading inserted (15.6.2009) by The Financial Markets and Insolvency Regulations 2009 (S.I. 2009/853), regs. 1(1), 2(13)(a)
F2Words in s. 177(1) inserted (15.6.2009) by The Financial Markets and Insolvency Regulations 2009 (S.I. 2009/853), regs. 1(1), 2(13)(b)
F3Words in s. 177(2) inserted (15.6.2009) by The Financial Markets and Insolvency Regulations 2009 (S.I. 2009/853), regs. 1(1), 2(13)(b)
F4Words in s. 177(3) inserted (15.6.2009) by The Financial Markets and Insolvency Regulations 2009 (S.I. 2009/853), regs. 1(1), 2(13)(c)
Modifications etc. (not altering text)
C1S. 177 applied (15.8.1995) by S.I. 1995/2049, reg. 25(1)
Commencement Information
I1S. 177 wholly in force at 25.4.1991 see s. 215 and S.I. 1991/878, art. 2, Sch. (subject to certain savings in art. 3(5))
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