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Companies and Allied Matters Act 2020 · Part B · Chapter 18

Section 510Protection for secured or preferential creditor

(1)
An administrator’s statement of proposals under section 486 of this Act does not include any action which—
(a)
affects the right of a secured creditor of the company to enforce his security ;
(b)
would result in a preferential debt of the company being paid otherwise than in priority to its non-preferential debts ; or
(c)
would result in one preferential creditor of the company being paid a smaller proportion of his debt than another.
(2)
Subsection (1) does not apply to—
(a)
action to which the relevant creditor consents ;
(b)
a proposal for a voluntary arrangement under this Part, but without prejudice to section 714 of this Act ;
(c)
a proposal for a scheme of arrangement and compromise or reconstruction to be sanctioned under relevant Parts of the Act ; or
(d)
a proposal for a cross-border merger within the meaning of relevant legislation, including but not limited to the Investments and Securities Act.
(3)
The reference to a statement of proposals in subsection (1) includes a reference to a statement as revised or modified.
Cite as: Companies and Allied Matters Act 2020, section 510

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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.