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Section 314: Voidable charge

Insolvency Act · PART IV: PROVISIONS APPLICABLE TO BANKRUPTCY AND WINDING UP

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.

314. Voidable charge (1) A charge over any property or undertaking of a debtor may be set aside by the Court on the application of the Official Receiver or a liquidator where— (a) the charge was given within 2 years immediately before the date of the debtor’s adjudication or the commencement of the winding up; and (b) immediately after the charge was given, the debtor was unable to pay his or its due debts. (2) A charge given by a debtor under an agreement to give the charge that was made before the period of 2 years immediately before the date of adjudication or the commencement of the winding up may not be set aside under subsection (1).

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