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Insolvency Act 1986
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- Act applied (with modifications) by S.I. 2011/2866 Sch. 2
- Act applied in part (with modifications) by S.I. 2011/245 reg. 8(7) 9 15 16-21 24 25 Sch. 1-4
- Act excluded by 2010 asp 17 s. 106(7)(b)
- Act modified by 2011 c. 5 Sch. 10 para. 40 41
- Act modified by S.I. 2011/1301 rule 334
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- S.I. 2003/3340 art. 3 commences (2002 c. 40)
- S.I. 2009/1632 reg. 22 amendment to earlier commencing SI 2007/2194 Sch. 3 para. 23A (as inserted by SI 2007/3495 Sch. 5 para. 2(5))
- S.I. 2010/862 art. 2 3 commences (2008 c. 17)
- S.I. 2010/2169 art. 3-5 commences (2010 c. 29)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
- S.S.I. 2010/249 art. 2 3 commences (2007 asp 3)
- S.S.I. 2011/31 art. 5 amendment to earlier commencing SSI 2008/115 and SSI 2009/67 and SSI 2009/369
36 Court’s power to fix remuneration.E+W+S
(1)The court may, on an application made by the liquidator of a company, by order fix the amount to be paid by way of remuneration to a person who, under powers contained in an instrument, has been appointed receiver or manager of the company’s property.
(2)The court’s power under subsection (1), where no previous order has been made with respect thereto under the subsection—
(a)extends to fixing the remuneration for any period before the making of the order or the application for it,
(b)is exercisable notwithstanding that the receiver or manager has died or ceased to act before the making of the order or the application, and
(c)where the receiver or manager has been paid or has retained for his remuneration for any period before the making of the order any amount in excess of that so fixed for that period, extends to requiring him or his personal representatives to account for the excess or such part of it as may be specified in the order.
But the power conferred by pararaph (c) shall not be exercised as respects any period before the making of the application for the order under this section, unless in the court’s opinion there are special circumstances making it proper for the power to be exercised.
(3)The court may from time to time on an application made either by the liquidator or by the receiver or manager, vary or amend an order made under subsection (1).
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