Revised Laws of Saint Lucia (2021)

299.   Floating charges priorities

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    (1)   Where a receiver is appointed on behalf of the holders of any debentures of a company that are secured by a floating charge or where possession is taken, by or on behalf of any debenture holders of a company, of any property of the company that is subject to a floating charge, then, if the company is not at the time in the course of being wound up, the debts that in every winding-up are under Part 4 and the regulations relating to preferential payments to be paid in order of priority to all other debts shall be paid in order of priority out of any assets coming into the hands of the receiver or person taking possession of that property, as the circumstances require, in priority to any claim for principal or interest in respect of the debentures of the company secured by the floating charge.

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    (2)   Any period of time mentioned in the provisions referred to in subsection (1) is to be reckoned, as the circumstances require, from the date of the appointment of the receiver in respect of the debenture holders secured by the floating charge or from the date possession is taken of any property that is subject to the floating charge.

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    (3)   Payments made under this section may be recouped as far as can be out of the assets of the company that are available for the payment of general creditors.