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Law library · Sierra Leone · The Companies Act, 2009

Section 152, The Companies Act, 2009

In forceThe Companies Act, 2009, Sierra Leone

(1) Whenever a fixed or floating charge has becomeenforceable, the court shall have power to appoint a receiver and in the case of a floating charge, a receiver and manager of the assets subject to the charge. (2) In the case of a floating charge, the court may, notwithstanding that the charge has not become enforceable, appoint a receiver or manager if satisfied that the security of the debenture holder is in jeopardy; and the security of the debenture holder shall be deemed to be in jeopardy if the court is satisfied that events have occurred or are about to occur which renders it unreasonable in the interest of the debenture holder that the company should retain power to dispose of its assets. (3) A receiver or manager shall not be appointed as a means of enforcing debentures not secured by any charge. (4) Where an application is made to the court to appoint a receiver on behalf of debenture holders or other creditors of a company which is being wound up by the court, the official receiver may be so appointed.

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