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Contents

Part XIII

381. Powers of receiver on liquidation

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

(1)

Subject to subsection (2) and unless the court orders otherwise, a receiver may be appointed and act as receiver, and exercise all of the powers of a receiver, in respect of property of a company that is in liquidation.

(2)

A receiver who holds office in respect of property referred to in subsection (1) may not act as the agent of the grantor except –

(a)

with the prior, written consent of the liquidator;

or

(b)

with the permission of the court.

(3)

A receiver who by reason of subsection (2) is not able to act as the agent of the grantor is not solely by reason of that fact the agent of a person by whom or in whose interests the receiver was appointed.

(4)

The liquidator shall not be liable in damages for declining to give consent under paragraph (a) of subsection (2).

(5)

A debt or liability incurred by a grantor through an act or omission of a receiver who is acting as the agent of the grantor in accordance with subsection (2) shall not be cost, charge or expense of the liquidation.

Rescue, Rehabilitation and Insolvency

CHAPTER 4

Duties of Receiver