Section 40: Payment of debts out of assets subject to floating charge.

Insolvency Act 1986 · 1986 c. 45View on legislation.gov.uk

Part III: Receivership — Chapter I: Receivers and Managers (England and Wales)

The following applies in the case of a company, where a receiver is appointed on behalf of the holders of any debentures of the company secured by a charge which, as created, was a floating charge.

If the company is not at the time in course of being wound up, its preferential debts (within the meaning given to that expression by section 386 in Part XII) shall be paid out of the assets coming to the hands of the receiver in priority to any claims for principal or interest in respect of the debentures.

Payments made under this section shall be recouped, as far as may be, out of the assets of the company available for payment of general creditors.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.