Document ID: chunk:federal_register_of_legislation:C2025C00185:section:570:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 570 (pt 1/2)
Character Range: 1921069–1923532

570  Duties of sheriff after receiving notice of application
 (1) Subject to this section, where a sheriff:
 (a) receives notice in writing of an application to the Court for the winding up of a company; or
 (b) receives notice in writing of the convening of a meeting of a company to consider a resolution that the company be wound up voluntarily;
it is not competent for the sheriff to:
 (c) take any action to sell property of the company pursuant to any process of execution issued by or on behalf of a creditor; or
 (d) pay to the creditor by whom or on whose behalf the process of execution was issued or to any person on the creditor's behalf the proceeds of the sale of property of the company that has been sold pursuant to such a process or any money seized, or paid to avoid seizure or sale of property of the company, under such a process.
 (2) Subsection (1) does not affect the power of the sheriff to take any action or make any payment if:
 (a) in a case to which paragraph (1)(a) applies—the application has been withdrawn or dismissed; or
 (b) in a case to which paragraph (1)(b) applies—the meeting of the company has refused to pass the resolution.
 (3) Subject to this section, where the registrar or other appropriate officer of a court to which proceeds of the sale of property of a company or other money has been paid by a sheriff pursuant to a process of execution issued by or on behalf of a creditor of the company:
 (a) receives notice in writing of an application to the Court for the winding up of the company; or
 (b) receives notice in writing of the convening of a meeting of the company to consider a resolution that the company be wound up voluntarily;
any of those proceeds or money not paid out of court must not be paid to the creditor or to any person on behalf of the creditor.
 (4) Subsection (3) does not prevent the making of a payment if:
 (a) in a case to which paragraph (3)(a) applies—the application has been withdrawn or dismissed; or
 (b) in a case to which paragraph (3)(b) applies—the meeting of the company has refused to pass the resolution.
 (5) Where a company is being wound up, the liquidator may serve notice in writing of that fact on a sheriff or the registrar or other appropriate officer of a court.
 (6) Upon such a notice being so served:
 (a) the sheriff must deliver or pay to the liquidator:
 (i) any property of the company in the sheriff's possession under a process of execution issued by or