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Contents

Part IX

203. Application in decision period for permission to enforce fi xed security

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

In this section, “decision period”, with respect to a grantee of a fixed security over property of a company in administration, means the period that –

(a)

begins –

(i)

if notice of the appointment of the administrator is required to be given to the grantee under section 193, on the day on which that notice is received; or

(ii)

in any other case, on the date of commencement of the administration; and

(b)

ends at the close of the tenth working day after of commencement of the administration.

(2)

A grantee of a fixed security over property of a company in administration may, within the decision period, apply to the court for an order granting the grantee permission to enforce the fixed security.

(3)

A grantee who makes an application to the court under subsection (2) shall, on the day on which the application is filed with the court, shall give written notice of the application to the administrator.

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(4)

Within five working days after receiving a notice under subsection (3), the administrator shall file with the

Registrar of the court –

(a)

a notice informing the court of whether the administrator supports or opposes the application;

(b)

a report on the property, debts and other liabilities of the company, so far as these are known to the administrator, along with a statement setting out the respects, if any, in which to the knowledge of the administrator, such report may be incomplete;

and

(c)

a statement of reasons supporting or opposing the application.

(5)

After receiving the documents referred to in subsection (4), the court shall conduct a hearing and –

(a)

proceed to make a determination on the application; or

(b)

where the court considers that it is essential to receive further information from either the grantee or the administrator in order to determine the application –

(i)

adjourn the hearing for that purpose; and

(ii)

subsequently make a determination on the application.

(6)

In making a determination under subsection (5), the court may make an order granting permission to the grantee to enforce the grantee’s fixed security where the court is satisfied that –

(a)

granting permission for the application shall not materially adversely affect the objective referred to in paragraph (d) of section 178; and

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(b)

in all the circumstances of the case, prejudice will be caused to the grantee if the application is not granted, that outweighs the prejudice that will be caused to the other persons having an interest in the company from the granting of the application.

(7)

The court may make an order under subsection (6) on such terms and conditions as may be necessary, including –

(a)

that a receiver or other person involved in the enforcement shall not perform or exercise specified functions or powers except as permitted by a further order of the court;

(b)

that enforcement be limited to specified property;

(c)

that enforcement by a sale shall be conducted in a manner laid down by the court or subject to further permission of or directions from the court.

(8)

A grantee granted permission under subsection (6)

shall, from time to time at intervals not exceeding three months, report to the administrator, in such manner and in such level of detail as may be prescribed, on the enforcement of the fixed security.

(9)

In the case of perishable property, the court may on an application under subsection (2) make an order granting permission to the grantee to enforce the fixed security so far as it is a fixed security over perishable property and to hold any proceeds recovered by the grantee on trust for the administrator pending the conduct of a hearing under subsection (5) and the making of an order under subsection (6).

Rescue, Rehabilitation and Insolvency

Part X

Compromises

Part XI

Micro Small Medium Enterprise (MSME) Company Debt Restructuring Arrangements

Part XII

Part XIII

Part XIV

Cross - Border Insolvency

Part XV

Part XVI

Part XVII

Schedules