Page:Variable Capital Companies Act 2018.pdf/146

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VARIABLE CAPITAL COMPANIES
147

(8) The following provision applies in place of section 219(1) of the Companies Act (which enables the Court to fix the remuneration of a receiver or manager of a company):
"The Court may —
(a) on an application by the liquidator of a VCC, by order fix the amount to be paid as remuneration to a person who, under a power contained in any instrument, has been appointed as receiver or manager of the property of the VCC or its sub-fund; or
(b) on an application by the liquidator of a sub-fund, by order fix the amount to be paid as remuneration to a person who, under a power contained in any instrument, has been appointed as receiver or manager of the property of the sub-fund.".
(9) The following provision applies in place of section 220 of the Companies Act (which is about the appointment of a company's liquidator as receiver of the company):
"Where an application is made to the Court to appoint a on behald of debentures or other creditors of —
(a) a VCC; or
(b) a sub-fund,
which is being wound up by the Court, the Court may appoint the liquidator as such receiver."
(10) A reference in sections 223(1) and 224 of the Companies Act to a statement in the prescribed form as to the affairs of a company or of any particulars concerning a company in the statement, is to a statement in the prescribed form as to the affairs of the VCC or of the sub-fund (as the case may be), or of those particulars concerning the VCC or the sub-fund, as the case may be.
(11) The reference in section 223(3) of the Companies Act to the winding up of the company is to the winding up of the VCC or the sub-fund, as the case may be.
(12) The reference in section 224(2)(a) and (d) of the Companies Act to an officer of the company is to —