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Companies and Allied Matters Act 2020 · Part B · Chapter 9

Section 205 Powers of the court to appoint receiver or manager

(1)
Whenever a fixed or floating charge has become enforceable, the Court may appoint a receiver and in the case of a floating charge, a receiver and manager of the assets subject to the charge.
(2)
In the case of a floating charge, the Court may, notwithstanding that the charge has not become enforceable, appoint a receiver or manager if it is satisfied that the security of the debenture holder is in jeopardy, and the security of the debenture holder shall be deemed to be in jeopardy if the Court is satisfied that events have occurred or are about to occur which render it unreasonable in the interests of the debenture holder that the company should retain power to dispose of its assets.
(3)
A receiver or manager shall not be appointed as a means of enforcing debentures not secured by any charge.
Cite as: Companies and Allied Matters Act 2020, section 205

What this section means

From the guide: Debentures, floating charges and debenture trust deeds under CAMA 2020

  • When a charge becomes enforceable, the court can appoint a receiver, and for a floating charge can do so earlier if the debenture holder’s security is in jeopardy (section 205).

Read the whole subject

Source: Companies and Allied Matters Act 2020 (Act No. 3 of 2020), Official Gazette No. 124, Lagos, 10 August 2020. General information, not legal advice.