Chapter 36A Annex A

May 2010

Chapter 36A Annex A

Summary detailing how to account for assets realised and payments to be made

	Secured creditor’s or fixed charge account.	Floating charge or debenture account.	General estate account.
Asset(s) subject to a specific or fixed charge.	Credit this account.	-	-
Asset(s) subject to a floating charge.	-	Credit this account.	-
Asset(s) not subject to any charge.	-	-	Credit this account.
Petition deposit.	-	-	Credit this account.
Costs of preserving and realising asset(s).	Yes, if asset credited to this account.	Yes, if asset credited to this account.	Yes, if asset credited to this account.
Official receiver’s remuneration.	See Chapter 36A Part 5, paragraph 36A.81.	See Chapter 36A Part 5, paragraph 36A.81.	See Chapter 36A Part 5, paragraph 36A.81.
Secretary of State fee/ Secretary of State’s administration fee.	No.	No. Calculate the fee limited to the amount needed to pay the preferential creditors but charge it to the general estate account.	Yes (including any charge transferred from the floating charge or debenture account).
Other liquidation fees, costs and charges.	No.	No, but see Notes 1 & 2 at the foot of this table regarding IA86 section 176ZA.	Yes.
Prescribed part	No.	Balance held on this account (after payment of preferential creditors and expenses incurred in paying preferential creditors, as appropriate), is subject to the prescribed part calculation. See Chapter 36A Part 5, paragraphs 36A.75 – 36A.76	No.
Petition costs.	No.	No.	Yes.
Preferential creditors (including the costs of the distribution).	No.	Yes.	Yes.
Secured creditor or fixed charge holder.	Yes.	Yes, but only as the holder of an additional floating charge for any unpaid balance.	Yes, but only as an unsecured creditor for any unpaid balance.
Floating charge holder.	No.	Yes.	Yes, to the extent that the preferential debts have been paid out of the assets subject to the floating charge. Thereafter only as an unsecured creditor for any unpaid balance.
Ordinary unsecured creditors.	No.	No.	Yes.

Notes :

1. Section 176ZA(1) of the Insolvency Act 1986 provides that the expenses of winding up in England and Wales, so far as the assets of the company available for payment of general creditors are insufficient to meet them, have priority over any claims to property comprised in or subject to any floating charge created by the company and shall be paid out of any such property accordingly.

2. Section 176ZA(2)(a) states that the definition of “assets of the company available for payment of general creditors” referred to in section 176ZA(1) does not include the monies set aside under the prescribed part of the company’s net property made available for the satisfaction of the debts of unsecured creditors, as detailed in Section 176A(2)(a).

Chapter 36A Annex A

Further Information