Section 254: Compromise proposal
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
254. Compromise proposal
(1) Any of the persons specified in subsection (2) may propose a compromise under this Part where he has reason to believe that a company is, or
is likely to be, unable to pay its debts within the meaning of section 2 (11)
of the Companies Act 1984.
(2) The persons referred to in subsection (1) shall be—
(a) the Board of directors of the company;
(b) a receiver appointed in relation to the whole or substantially the
whole of the assets and undertaking of the company;
(c) a liquidator of the company; or
(d) with the leave of the Court, any creditor or shareholder of the
company.
(3) Where the Court grants leave to a creditor or shareholder under subsection (2) (d), the Court may make an order directing the company to supply to the creditor or shareholder, within such time as may be specified, a list
of the names and addresses of the company’s creditors showing the
amounts owed to each of them or such other information as may be specified to enable the creditor or shareholder to propose a compromise.
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Questions this section answers
- Who is allowed to propose a compromise with creditors on behalf of a company that can't pay its debts?
- Can a creditor ask the Court for a list of all the company's other creditors?