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Contents

Part IX

208. Eff ect of administration when dealing with property

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

(1)

Subject to section 202, an agreement, transaction or dealing by a company in administration, or by a person on behalf of the company, that affects property of the company is void unless the agreement, transaction or dealing was entered into –

(a)

by the administrator, on the company’s behalf;

(b)

with the prior, written consent of the administrator;

or

(c)

under an order of the court.

(2)

The administrator may give consent under paragraph (b) of subsection (1) where it is satisfied that the agreement, transaction or dealing is in the interests of the creditors as a whole.

(3)

The administrator is not liable in damages for declining to give consent under paragraph (b) of subsection (1).

(4)

The court may by order give effect to an agreement, transaction or dealing that is void under subsection (1).

(5)

Subsection (1) shall not apply to a payment, made by a bank, that is –

(a)

out of an account kept by the company with the bank;

(b)

in good faith and in the ordinary course of the bank’s banking business; and

Rescue, Rehabilitation and Insolvency

(c)

on or before the earlier of –

(i)

the date on which the bank received written notice given by the administrator that the administration had commenced; and

(ii)

the day on which the bank had reason to believe that the company was in administration.

(6)

A director or other officer of the company who –

(a)

purports, on the company’s behalf, to enter into an agreement, transaction or dealing that is void under subsection (1); or

(b)

is in any other way concerned in, or a party to, an agreement, transaction or dealing that is void under subsection (1), commits an offence.

(7)

The court may order a director or other officer who is convicted of an offence under subsection (6) to compensate any person, including the company, that has suffered loss as a result of the act or omission constituting the offence.

(8)

If any question arises as to whether, on the date on which an administrator was appointed, an agreement, transaction or dealing that affects property of the company was entered into before or after the time at which the administrator was appointed, that agreement, transaction or dealing shall be presumed, unless the contrary is proved, to have been entered into after that time.

(9)

Notwithstanding any other enactment, no person may, as against the administrator, claim a lien over a book, record or document of the company.

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