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Insolvency Act 1986

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This is the original version (as it was originally enacted).

189Interest on debts

(1)In a winding up interest is payable in accordance with this section on any debt proved in the winding up, including so much of any such debt as represents interest on the remainder.

(2)Any surplus remaining after the payment of the debts-proved in a winding up shall, before being applied for any other purpose, be applied in paying interest on those debts in respect of the periods during which they have been outstanding since the company went into liquidation.

(3)All interest under this section ranks equally, whether or not the debts on which it is payable rank equally.

(4)The rate of interest payable under this section in respect of any debt (" the official rate " for the purposes of any provision of this Act in which that expression is used) is whichever is the greater of—

(a)the rate specified in section 17 of the [1838 c. 110.] Judgments Act 1838 on the day on which the company went into liquidation, and

(b)the rate applicable to that debt apart from the winding up.

(5)In the application of this section to Scotland—

(a)references to a debt proved in a winding up have effect as references to a claim accepted in a winding up, and

(b)the reference to section 17 of the Judgments Act 1838 has effect as a reference to the rules.

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