The First Group of Parts

Company Insolvency ; Companies Winding Up
PART IV

Winding Up of Companies Registered under the Companies Acts
CHAPTER VIII

Provisions of General Application in Winding Up

Preferential debts

Preferential debts (general provision)
175
1
In a winding up the company's preferential debts (within the meaning given by section 386 in Part XII) shall be paid in priority to all other debts.
2
Preferential debts—
a
rank equally among themselves after the expenses of the winding up and shall be paid in full, unless the assets are insufficient to meet them, in which case they abate in equal proportions; and
b
so far as the assets of the company available for payment of general creditors are insufficient to meet them, have priority over the claims of holders of debentures secured by, or holders of, any floating charge created by the company, and shall be paid accordingly out of any property comprised in or subject to that charge.