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Section 533

Restriction of rights of creditor as to execution or attachment

of Companies Act 2016

ActIn forceProvision 533 of 768
Section 533

(a)

where any creditor has had notice of a meeting having been called at which a resolution for voluntary winding up is to be proposed, the date on which the creditor had notice shall for the purposes of this section be substituted for the date of the commencement of the winding up;

(b)

a person who purchases in good faith under a sale by the bailiff any goods of a company on which an execution has been levied shall in all cases acquire a good title to the goods against the liquidator; and

(c)

the rights conferred by this subsection on the liquidator may be set aside by the Court in favour of the creditor to such extent and subject to such terms as the Court thinks fit.

(2)

For the purposes of this section—

(a)

an execution against goods is completed by seizure and sale;

(b)

an attachment of a debt is completed by receipt of the debt;

and

(c)

an execution against land is completed by sale or, in the case of an equitable interest, by the appointment of a receiver.