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Paragraph 15 Liability of transferee companies for the default of anotherF1

England, Wales and Scotland

(1)

Where the scheme is a Case 3 Scheme, each transferee company shall be jointly and severally liable, subject to sub-paragraph (2) below, for any liability transferred to any other transferee company under the scheme to the extent that that other company has made default in satisfying that liability, but so that no transferee company shall be so liable for an amount greater than the amount arrived at by calculating the value at the time of the transfer of the property transferred to it under the scheme less the amount at that date of the liabilities so transferred.

(2)

If a majority in number representing three-fourths in value of the creditors or any class of creditors of the transferor company present and voting either in person or by proxy at a meeting summoned under section 425(1) so agree, sub-paragraph (1) above shall not apply in respect of the liabilities of the creditors or that class of creditors.

Annotations

Textual amendments

F1

Sch. 15A (old) inserted by S.I. 1987/1991, reg. 2(c), Sch. Pt. II

Notes on Schedule 15B

Textual amendments

F1

Sch. 15B repealed (6.4.2008) by Companies Act 2006 (c. 46), ss. 1295, 1300, Sch. 16; S.I. 2007/3495, art. 8(a), Sch. 2 Pt. 1 (with arts. 7, 12)

F2

Sch. 15A renumbered by Companies Act 1989 (c. 40, SIF 27), ss. 114(2), 213(2)

Notes on Transferee company or companies holding shares in the transferor company

Textual amendments

F1

Sch. 15A (old) inserted by S.I. 1987/1991, reg. 2(c), Sch. Pt. II