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Companies and Allied Matters Act 2020 · Part B · Chapter 19

Section 556 Duties and powers of receivers and managers

(1)
A person appointed as a receiver of any property of a company shall, subject to the rights of prior encumbrances, take possession of and protect the property, receive rents and profits and discharge all out-goings in respect thereof and realise the security for the benefit of those on whose behalf he is appointed, but unless he is an appointed manager, he does not have power to carry on any business or undertaking.
(2)
A person appointed manager of the whole or any part of the undertaking of a company shall manage the same with a view to the realisation of the security of those on whose behalf he is appointed.
(3)
Without prejudice to subsection (1) or (2), where a receiver or manager is appointed for the whole or substantially the whole of a company’s property, the powers conferred on him by the debentures by virtue of which he was appointed are deemed to include (except they are inconsistent with any of the provisions of those debentures) the powers specified in the Eleventh Schedule to this Act.
(4)
From the date of appointment of a receiver or manager, the powers of the directors or liquidators in a members’ voluntary winding-up to deal with the property or undertaking over which he is appointed, shall cease, unless the receiver or manager is discharged or the security is realised.
(5)
If, on the appointment of a receiver or manager, the company is being wound up under the provision relating to creditors’ voluntary winding-up, or the property concerned is in the hands of some other officer of the Court, the liquidator or officer shall not be bound to relinquish control of such property to the receiver or manager except under the order of the Court.
Cite as: Companies and Allied Matters Act 2020, section 556

What this section means

From the guide: Receivers and managers under CAMA 2020: appointment, powers, duties and liability

  • Unless he is also a manager he cannot carry on the business (section 556(1)).
  • A manager manages the undertaking with a view to realising the security (section 556(2)).
  • For a receiver of the whole or substantially the whole of the property, the powers in the debentures are deemed to include those in the Eleventh Schedule (section 556(3)).
  • A liquidator in a creditors’ winding up need not hand over property except by court order (section 556(4) and (5)).

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.