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Section 11: Liability of a protected cell company

Protected Cell Companies Act · PART III: CREDITORS

consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

11. Liability of a protected cell company (1) Where a liability of a protected cell company to a person arises from a transaction, or is otherwise imposed, in respect of a particular cell, that liability— (a) shall extend only to, and that person shall be entitled to have recourse only— (i) to the cellular assets attributable to that cell which shall be primarily liable; and (ii) to the extent that the cellular assets attributable to that cell may be insufficient, to the company’s non-cellular assets, which shall be secondarily liable; (b) shall not extend to, and that person shall not be entitled to have recourse to, the cellular assets attributable to any other cell. (2) Where a liability of a protected cell company to a person— (a) arises otherwise than from a transaction in respect of a particular cell; or (b) is imposed otherwise than in respect of a particular cell, that liability shall extend only to, and that person shall be entitled to have recourse only to, the company’s non-cellular assets. P42 – 7 [Issue 1] Protected Cell Companies Act

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