{
  "url": "https://openlegislation.uk/postal-administration-scotland-rules-2016/article-45",
  "json_url": "https://openlegislation.uk/postal-administration-scotland-rules-2016/article-45.json",
  "legislation": "uksi/2016/900",
  "legislation_title": "The Postal Administration (Scotland) Rules 2016",
  "legislation_url": "https://openlegislation.uk/postal-administration-scotland-rules-2016",
  "path": "article/45",
  "kind": "article",
  "number": "45",
  "heading": "Liabilities and rights of co-obligants",
  "text": "(1) Where a creditor has an obligant (in this Rule referred to as the “co-obligant”) bound to the creditor along with the company for the whole or part of the debt, the co-obligant shall not be freed or discharged from liability for the debt by reason of the dissolution of the company or by virtue of the creditor’s voting or drawing a dividend or assenting to, or not opposing—\n(a) a scheme of arrangement; or\n(b) a company voluntary arrangement.\n(2) Where—\n(a) a creditor has had a claim accepted in whole or in part; and\n(b) a co-obligant holds a security over any part of the assets of the company,\nthe co-obligant shall account to the postal administrator so as to put the company in the same position as if the co-obligant had paid the debt to the creditor and thereafter had had the co-obligant’s claim accepted in whole or in part in the postal administration after deduction of the value of the security.\n(3) Without prejudice to any right under any rule of law of a co-obligant who has paid the debt, the co-obligant may require and obtain at the co-obligant’s own expense from the creditor an assignation of the debt on payment of the amount thereof, and thereafter may in respect of that debt submit a claim, and vote and draw a dividend, if otherwise legally entitled to do so.\n(4) In this Rule a “co-obligant” includes a cautioner.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 45 in force at 1.10.2016, see rule 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2016/900/article/45",
    "retrieved_at": "2026-10-28T23:20:15.032343+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}