Section 80: Receiver taking possession of a financial institution
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
80. Receiver taking possession of a financial institution
(1) Where the receiver has taken possession of a financial institution—
(a) any term, statutory, contractual or otherwise, on the expiration
of which a claim or right of the financial institution would expire
or be extinguished shall be extended by 6 months from the date
of the taking of possession;
(b) any attachment or lien, other than a lien existing 6 months prior
to the taking of possession of the financial institution, shall be
vacated and no attachment or lien, other than a lien created by
the receiver in the application of these provisions, shall attach to
any of the property or assets of the financial institution so long
as such possession continues; and
(c) subject to subsection (2), any transfer of an asset of the financial institution made after or in contemplation of its insolvency or
the seizure of the assets with intent to effect a preference within
5 years thereof shall be void.
(2) The receiver may recover the asset transferred or its value from the
initial transferee or any subsequent transferee other than a transferee who
has acquired the asset for value in good faith.
(S. 80 came into operation on 1 June 2007.)
Ask juris about this section Official source
Questions this section answers
- Can a transfer of a failing bank's assets made just before its collapse be cancelled?