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The First Group of PartsCompany Insolvency ; Companies Winding Up

PART VIIInterpretation for First Group of Parts

247" Insolvency " and " go into liquidation "

(1)In this Group of Parts, except in so far as the context otherwise requires, " insolvency ", in relation to a company, includes the approval of a voluntary arrangement under Part I, the making of an administration order or the appointment of an administrative receiver.

(2)For the purposes of any provision in this Group of Parts, a company goes into liquidation if it passes a resolution for voluntary winding up or an order for its winding up is made by the court at a time when it has not already gone into liquidation by passing such a resolution.

248" Secured creditor ", etc.

In this Group of Parts, except in so far as the context otherwise requires—

(a)" secured creditor ", in relation to a company, means a creditor of the company who holds in respect of his debt a security over property of the company, and " unsecured creditor " is to be read accordingly; and

(b)" security " means—

(i)in relation to England and Wales, any mortgage, charge, lien or other security, and

(ii)in relation to Scotland, any security (whether heritable or moveable), any floating charge and any right of lien or preference and any right of retention (other than a right of compensation or set off).

249" Connected " with a company

For the purposes of any provision in this Group of Parts, a person is connected with a company if—

(a)he is a director or shadow director of the company or an associate of such a director or shadow director, or

(b)he is an associate of the company ;

and " associate" has the meaning given by section 435 in Part XVIII of this Act.

250" Member " of a company

For the purposes of any provision in this Group of Parts, a person who is not a member of a company but to whom shares in the company have been transferred, or transmitted by operation of law, is to be regarded as a member of the company, and references to a member or members are to be read accordingly.

251Expressions used generally

In this Group of Parts, except in so far as the context otherwise requires—