s.130Insolvency
130
Section 130Part 2The Financial Reporting Authority

Insolvency

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Proceedings for a recovery order may not be taken or continued in respect of property to which subsection (3) applies unless the appropriate court gives leave and the proceedings are taken or (as the case may be) continued in accordance with any terms imposed by that court.
An application for an order for the fur ther detention of any cash to which subsection
applies may not be made under section 115 unless the appropriate court gives leave. ( 3 ) This subsection applies to recoverable property, or property associated with it, if —
it is an asset of a company being wound up in pursuance of a resolution for voluntary winding up;
it is an asset of a company and a voluntary arrangement has effect in relation to the company;
an order relating to interim receivership or interim trusteeship has effect in relation t o the property;
it is an asset comprised in the estate of an individual w ho has been adjudged bankrupt or a person whose estate has been sequestrated; or
it is an asset of an individual and a voluntary arrangement has effect in relation to that per son .
An application under this section for leave to take proceedings for a recovery order may be made without notice to any person.
Subsection (4) does not affect any requirement for notice of an application to be given to any person acting as an i nsolvency practitioner or to the Official Receiver (whether or not acting as an insolvency practitioner).
In this section —
the appropriate court means the court which, in relation to the resolution, arrangement, order or trust deed mentioned in su bsection (3), is the court for the purposes of the applicable enactment; and
acting as an insolvency practitioner has the same meaning as in section 186 . Interpretation