Rule 4.67 Order of priority of expenses of liquidation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 1.12-1.16E applied 2016 asp 21 s. 14B (as inserted) by Insolvency (Regulation (EU) 2015/848) 2017 reg. 4(8)
Rules applied (with modifications) by Building Society Special Administration 2009 rule 38-41
rule 4.67 applied by SI 2008/346 Sch. para. 8 (as substituted) by Regulated Covered Bonds 2008 reg. 2(7)(a)
rule 4.67 modified by Regulated Covered Bonds 2008 Sch. para. 8
Rules applied (with modifications) by Limited Liability Partnerships 2001 reg. 6(1)
Rules specified provisions applied (with modifications) by Collective Investment in Transferable Securities (Contractual Scheme) 2013 Sch. 4
rule 4.67 applied by Building Society Insolvency 2010 rule 80
rule 4.67 applied by Insurers (Reorganisation and Winding Up) 2004 reg. 30(1)

(1)

Subject to section 156 and paragraph (2), the expenses of the liquidation are payable out of the assets in the following order of priority -

(a)

any outlays properly chargeable or incurred by the provisional liquidator or liquidator in carrying out his functions in the liquidation, except those outlays specifically mentioned in the following sub-paragraphs;

(b)

the cost, or proportionate cost, of any caution provided by a provisional liquidator, liquidator or special manager in accordance with the Act or the Rules;

(c)

the remuneration of the provisional liquidator (if any);

(d)

the expenses of the petitioner in the liquidation, and of any person appearing in the petition whose expenses are allowed by the court;

(e)

the remuneration of the special manager (if any);

(f)

any allowance made by the liquidator under Rule 4.9(1) (expenses of statement of affairs);

(g)

the remuneration or emoluments of any person who has been employed by the liquidator to perform any services for the company, as required or authorised by or under the Act or the Rules;

(h)

the remuneration of the liquidator determined in accordance with Rule 4.32;

(i)

the amount of any capital gains tax on chargeable gains accruing on the realisation of any asset of the company (without regard to whether the realisation is effected by the liquidator, a secured creditor or otherwise).

(2)

In any winding up by the court which follows immediately on a voluntary winding up (whether members' voluntary or creditors' voluntary), such outlays and remuneration of the voluntary liquidator as the court may allow, shall have the same priority as the outlays mentioned in sub-paragraph (a) of paragraph (1).

(3)

Nothing in this Rule applies to or affects the power of any court, in proceedings by or against the company, to order expenses to be paid by the company, or the liquidator; nor does it affect the rights of any person to whom such expenses are ordered to be paid.