Page:Variable Capital Companies Act 2018.pdf/147

146 ::(a) where the statement in that provision is to be submitted to the receiver of the property of a VCC — an officer or the manager of the VCC or the custodian of the VCC (being a non-umbrella VCC);


 * (b) where the statement in that provision is to be submitted to the receiver of the property of a sub-fund — an officer or the manager of the VCC or the custodian of the sub-fund.


 * (13) The reference in section 224(2)(b) of the Companies Act to the persons who have taken part in the formation of the company is to persons who have taken part in the formation of the VCC or the sub-fund, as the case may be.


 * (14) The reference in section 224(2)(c) of the Companies Act to a person in the employment of the company is to a person in the employment of the VCC, or a person engaged by the VCC to provide any fund administration service.


 * (15) An application under section 225(2) of the Companies Act for the audit of the accounts of the receiver or manager of the property of the VCC may be made by the VCC or a creditor of the VCC.


 * (16) An application under section 225(2) of the Companies Act for the audit of the accounts of the receiver or manager of the property of the sub-fund may be made by the umbrella VCC of which the sub-fund is a part, or a creditor of the sub-fund.


 * (17) A reference in section 225(3) of the Companies Act to a request of the company or corporation or a creditor is to a request of the VCC, the umbrella VCC of which the sub-fund is a part, or a creditor of the VCC or the sub-fund, as the case may be.

Statement that receiver appointed

126.—(1) This section applies in place of section 222 of the Companies Act.


 * (2) Where a receiver or manager of the property of a VCC has been appointed, every invoice order for goods or business letter issued by or on behalf of —


 * (a) the VCC or any of its sub-funds;