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Contents

Part IX

250. Liability of administrator on other agreements and for rent

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

(1)

An administrator shall be liable on an agreement entered into by the administrator in the performance and exercise of any of the administrator’s functions and powers.

(2)

Subsection (1) has effect notwithstanding any agreement to the contrary, but without prejudice to the administrator’s rights against the company or any other person.

(3)

Subject to subsections (4) and (5), an administrator shall be liable for rent and any other payments becoming due under an agreement subsisting at the date of the administrator’s appointment relating to the use, occupation or possession of property by the company.

(4)

The liability of an administrator under subsection (3)

shall be limited to that portion of the rent or other payments that is attributable to the period commencing ten working days after the appointment of the administrator, and ending on the earliest of –

Rescue, Rehabilitation and Insolvency

(a)

the end of the administration;

(b)

the day on which the administrator ceases to be an administrator; and

(c)

the day on which the company ceases to use, occupy or possess the property.

(5)

On the application of the administrator, the court may –

(a)

limit the liability of the administrator to a greater extent than that specified in subsection (4); or

(b)

exempt the administrator from liability under subsection (3) altogether.

(6)

Nothing in subsection (3) or (4) shall –

(a)

be taken as giving rise to an adoption by an administrator of an agreement referred to in subsection (3); or

(b)

render an administrator liable in respect of the non-performance of any other obligation under such an agreement.

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