Article 93 Special provisions as to charges on landC1
A charge on land under Article 46 shall be void as againstF1. . . the trustee or, where the debtor is a company, as against the liquidator if within 28 days after the date of registration of the order charging the land, or of any notice thereof, or of the charge, as the case may be—
the debtor is adjudged bankrupt or notice is served on the creditor of a bankruptcy petition presented by or against the debtor and a bankruptcy order is at any time made on foot thereof; or
where the debtor is a company—
a winding-up order is made or a resolution is passed for the winding-up of the company; or
notice is served on the creditor of the presentation of a petition for the winding-up of the company or of the calling of a meeting at which a resolution for the voluntary winding-up of the company is to be proposed, and a winding-up order is at any time made or a resolution for the voluntary winding-up of the company is at any time passed as a result of that petition or, as the case may be, the resolution so proposed.
Annotations
Textual amendments
- F1
Modifications
- C1
Arts. 88-94 applied (with modifications) (4.1.2024) by S.I. 2021/716, reg. 37A(3) (as inserted by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 12)