Section 681 Unconditional exceptions

United Kingdom

(1)

Neither section 678 nor section 679 prohibits a transaction to which this section applies.

(2)

Those transactions are—

(a)

a distribution of the company's assets by way of—

(i)

dividend lawfully made, or

(ii)

distribution in the course of a company's winding up;

(b)

an allotment of bonus shares;

(c)

a reduction of capital under Chapter 10 of Part 17;

(d)

a redemption of shares under Chapter 3 or a purchase of shares under Chapter 4 of this Part;

(e)

anything done in pursuance of an order of the court under Part 26 F1or 26A (order sanctioning compromise or arrangement with members or creditors);

(f)

anything done under an arrangement made in pursuance of section 110 of the Insolvency Act 1986 (c. 45) or Article 96 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) (liquidator in winding up accepting shares as consideration for sale of company's property);

(g)

anything done under an arrangement made between a company and its creditors that is binding on the creditors by virtue of Part 1 of the Insolvency Act 1986 or Part 2 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)).

Annotations

Textual amendments

F1: Words in s. 681(2)(e) inserted (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 9 para. 34 (with ss. 2(2), 5(2))

Notes on Part 18

Modifications

C1: Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))
C2: Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2