Section 754: Priorities where debentures secured by floating charge

Companies Act 2006 · 2006 c. 46View on legislation.gov.uk

Part 19: Debentures

This section applies where debentures of a company registered in England and Wales or Northern Ireland are secured by a charge that, as created, was a floating charge.

If possession is taken, by or on behalf of the holders of the debentures, of any property comprised in or subject to the charge, and the company is not at that time in the course of being wound up, the company's preferential debts shall be paid out of assets coming to the hands of the persons taking possession in priority to any claims for principal or interest in respect of the debentures.

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

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