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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 27 July 2022 - onwards
Version 3 of 3

598. Other circumstances in which floating charge is invalid

(1) Subject to section 598A, where -

(a) a company is being wound up,

(b) the company was, within 12 months before the date of commencement of the winding up, indebted to any officer of the company or a connected person,

(c) such indebtedness was discharged whether wholly or partly by the company or by any other person, and

(d) the company created a floating charge on any of its assets or property within 12 months before the date of commencement of the winding up in favour of the officer or connected person to whom such company was indebted,

then (without prejudice to any rights or liabilities arising apart from this section) such charge shall be invalid to the extent of the repayment referred to in paragraph (c) unless it is proved that the company immediately after the creation of the charge was solvent.