Companies Act 2014 section 444

Power of court to fix remuneration of receiver

Section 444 deals with the court's power to determine or adjust the remuneration payable to a receiver appointed over a company's property, including the criteria the court must consider when setting that remuneration.

• The court may fix a receiver's remuneration on application by the company's liquidator, any creditor, or any member, even where remuneration has already been set by the appointing instrument.
• In fixing remuneration, the court must consider the time required, complexity of the case, any exceptional responsibilities, the receiver's effectiveness, and the value and nature of the property involved.
• The court's power extends to periods before the order was made, and it can require a receiver (or their personal representatives) to repay any excess amounts already received, though retrospective recovery requires special circumstances.
• The court may vary or amend its order at any time on application by the liquidator, a creditor, a member, or the receiver, but the receiver's statutory right to indemnity from company assets under section 438 is unaffected.

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