Cap. 32activeordinance

Companies (Winding Up and Miscellaneous Provisions) Ordinance

公司(清盤及雜項條文)條例

Full legislation

s.79

Payment of certain debts out of assets subject to floating charge in priority to claims under the charge

Where a receiver is appointed on behalf of the holders of any debentures of a company secured by a charge which, as created, was a floating charge, or possession is taken by or on behalf of those debenture holders of any property comprised in or subject to the charge, then, if the company is not at the time in course of being wound up, the debts, which in every winding-up are under the provisions of Part V relating to preferential payments to be paid in priority to all other debts, shall, according to their respective priorities under
section 265
, be paid out of any assets coming to the hands of the receiver or other person taking possession as aforesaid in priority to any claim for principal or interest in respect of the debentures.
(Amended
10 of 1987 s. 3
)