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Version status: Repealed | Document consolidation status: Updated to reflect all known changes
Version date: 1 June 2015 - onwards
  Version 4 of 4    

289. Other circumstances in which floating charge is invalid.

Repealed from 1 June 2015

(1) Subject to subsection (2), where -

(a) a company is being wound up; and

(b) the company was within 12 months before the commencement of the winding up indebted to any officer of the company; and

(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 commencement of the winding up in favour of the officer 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.

(2) Subsection (1) shall not apply if the charge referred to in paragraph (d) was created before the operative date.

(3) In this section, "officer" includes the spouse or civil partner within the meaning of the Civil Partnershi

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