PART 4RECEIVERSHIP

CHAPTER 3Non-administrative receivers and the prescribed part

Report to creditors4

1

Within three months (or such longer period as the court may allow) of the date of the appointment, the receiver must deliver to the creditors—

a

a notice of the appointment; and

b

a report.

2

The report must contain estimates to the best of the receiver's knowledge and belief of—

a

the value of the prescribed part (whether or not the receiver might be required under section 176A to make the prescribed part available for the satisfaction of unsecured debts); and

b

the value of company's net property (as defined by section 176A(6)).

3

The receiver may exclude from an estimate under paragraph (2) information the disclosure of which could seriously prejudice the commercial interests of the company.

4

If the exclusion of such information affects the calculation of an estimate, the report must say so.

5

If the receiver proposes to make an application to court under section 176A(5) the report must say so and give the reason for the application.

6

The report must also state whether, and if so why, the receiver proposes to present a petition for the winding up of the company.

7

The receiver may, instead of delivering the report under paragraph (1), cause a notice to be gazetted and may advertise that notice in such other manner as the receiver thinks fit where—

a

full details of the unsecured creditors of the company are not available to the receiver; or

b

the receiver thinks it is otherwise impracticable to deliver such a report.

8

A notice under paragraph (7) must contain the matters required to be included in the receiver's report.