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Section 375

Appointment of receiver or receiver and manager under instrument

of Companies Act 2016

ActIn forceProvision 375 of 768
Section 375

(2)

Unless the instrument expressly provides otherwise—

(a)

a receiver or receiver and manager is the agent of the company;

(b)

a person appointed as a receiver may act as receiver and manager; or

(c)

a power conferred to appoint a receiver or receiver and manager includes the power to appoint—

(i)

two or more receivers or receiver and managers;

(ii)

a receiver or receiver and manager additional to a receiver or receiver and manager in office; and

(iii)

a receiver or receiver and manager to replace a receiver or receiver and manager whose office has become vacant.

(3)

If two or more receivers or receiver and managers are appointed under one instrument, unless the instrument expressly provides otherwise—

(a)

the functions or the powers of the receivers or receiver and managers may be performed or exercised by any one of them or by both or all of them jointly; and

Companies 377

(b)

a reference to the receiver or receiver and manager shall be a reference to whichever one of the receivers or receiver and managers.