Companies Act 2014 section 528

Further powers of court

Section 528 gives the court broad discretion to transfer some or all of the directors' functions and powers to the examiner during an examinership, and to grant the examiner liquidator-level powers where circumstances warrant it.

  • The court may order that some or all directors' functions be performed only by the examiner, where it considers it just and equitable to do so
  • The court must have regard to specified matters, including whether the company's affairs are being conducted in a way that prejudices the interests of the company, its employees, or its creditors
  • The court may attach conditions to its order and make any ancillary orders necessary to give the order full effect
  • The court may also grant the examiner all or any of the powers of a court-appointed liquidator, in which case the court itself gains the same powers it would have if it had made a winding-up order

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