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Section 250: Interpretation of Section E

Insolvency Act · PART III: WINDING UP AND ALTERNATIVES

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

250. Interpretation of Section E In this section— “decision period”, in relation to a chargeholder and to a charge over property of a company in administration, means the period that— (a) begins— (i) where notice of the appointment of an administrator must be given to the chargeholder under section 287, on the day when that notice is given; or (ii) in any other case, on the day when the administration begins; and (b) ends at the end of the fourteenth day after the day when it begins; [Issue 3] I14 – 142 Revised Laws of Mauritius “enforce”, in relation to a secured creditor holding a charge over property of a company in administration, includes— (a) appoint a receiver of property of the company under a power contained in an instrument relating to the charge; (b) obtain an order for the appointment of a receiver of that property for the purpose of enforcing the charge; (c) give notice converting a floating charge into a fixed charge; (d) enter into possession, or assume control, of that property; (e) appoint a person to enter into possession or assume control as agent for the secured creditor or for the company; or (f) exercise as secured creditor or as a receiver or person so appointed, a right, power or remedy existing because of the charge, whether arising under an instrument relating to the charge, under an enactment or otherwise.

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