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Contents

Part VI

91. Interim Receiver

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

(1)

The court may, if it is shown to be necessary for the protection of the debtor’s property, at any time after the presentation of a petition and before the making of a Bankruptcy Order, appoint the Official Receiver to be

Interim Receiver of the debtor’s property.

(2)

The court may make an order under subsection (1), at any time before it makes a Bankruptcy Order.

(3)

As part of the order or, on the application of a creditor or the Official Receiver, subsequently, the court may authorise the Official Receiver to –

(a)

take possession of any property;

(b)

sell any perishable property or property the value of which is likely to significantly diminish if it is not immediately disposed of;

(c)

control the debtor’s business or property as directed by the court; or

(d)

exercise, in relation to the debtor, any of the powers vested in the Bankruptcy Trustee under section 102, in relation to a debtor in respect of whom a bankruptcy order has been made.

(4)

The court shall confine the effect of an order for the Official Receiver’s control of the debtor’s property or business to what is necessary, in the court’s opinion, for conserving the debtor’s property.

(5)

The appointment of the Official Receiver as Interim

Receiver of the debtor’s property shall be advertised by him in such manner as may be prescribed.

Rescue, Rehabilitation and Insolvency

(6)

Where an interim receiver is appointed, section 93

shall apply for the period between the appointment and the making of a Bankruptcy Order on the petition or the dismissal of the petition, as if the appointment were after the making of such an order.

(7)

Where an interim receiver is appointed, section 122

shall apply as if a Bankruptcy Order had been made against the debtor.

CHAPTER 2

Effect of Bankruptcy Order

Part VII

Personal Insolvency Register

Part VIII

Part IX

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