All sections · Part XIII: Protected Cell Companies · Sub-Part VI: Receivership Orders
242 破产管理人的职能和破产令的效力
(1) 细胞的接收器 --
(a) 可以为第240(3)条所述的目的做任何必要的事情；和
(b) 具有或可归因于董事在本公司业务和手机资产方面的任何职能。
(2) 接受者可在任何时候向法院提出上诉------。
(a) 关于某项职能或权力的范围或行使的指示。
(b) 为了使破产令可以被解除或修改；或
(c) 关于在其接管过程中产生的任何事项的命令。
(3) 在行使其职能和权力时，接收人应被视为作为受保护细胞公司的代理人行事，除非他有欺诈、鲁莽或严重的疏忽，或有恶意的行为，否则不应承担个人责任。x
(4) 真诚地与接受者打交道的人对询问接受者是否在其授权范围内行事不感兴趣。
(5)如果已提出接管令的申请，在其有效期内，不得就已申请或作出接管令的单元开始或继续针对受保护单元公司的诉讼，除非接管人或法院的许可同意这样做，并且(如果法院给予许可)受法院规定的条件限制。
为避免疑问，第(5)款的规定应不影响抵销权和担保权益，包括但不限于有担保的一方在诉讼中的权利及其执行。
(7) 在破产令的有效期内--。
(a) 董事们的职能应终止于或归于授权所涉及的单元的业务和单元资产；而且
(b) 如果本公司签订了涉及该小区的代位权协议，该小区的接管人应被视为受保护小区公司的董事，对该协议下的资产负责。
(a) 可以为第240(3)条所述的目的做任何必要的事情；和
(b) 具有或可归因于董事在本公司业务和手机资产方面的任何职能。
(2) 接受者可在任何时候向法院提出上诉------。
(a) 关于某项职能或权力的范围或行使的指示。
(b) 为了使破产令可以被解除或修改；或
(c) 关于在其接管过程中产生的任何事项的命令。
(3) 在行使其职能和权力时，接收人应被视为作为受保护细胞公司的代理人行事，除非他有欺诈、鲁莽或严重的疏忽，或有恶意的行为，否则不应承担个人责任。x
(4) 真诚地与接受者打交道的人对询问接受者是否在其授权范围内行事不感兴趣。
(5)如果已提出接管令的申请，在其有效期内，不得就已申请或作出接管令的单元开始或继续针对受保护单元公司的诉讼，除非接管人或法院的许可同意这样做，并且(如果法院给予许可)受法院规定的条件限制。
为避免疑问，第(5)款的规定应不影响抵销权和担保权益，包括但不限于有担保的一方在诉讼中的权利及其执行。
(7) 在破产令的有效期内--。
(a) 董事们的职能应终止于或归于授权所涉及的单元的业务和单元资产；而且
(b) 如果本公司签订了涉及该小区的代位权协议，该小区的接管人应被视为受保护小区公司的董事，对该协议下的资产负责。
Translation for information only. Only the English original is legally binding.
Original wording (English, legally binding): Functions of receiver and effect of receivership order
(1) The receiver of a cell —
and effect of
receivership order
(a) may do all such things as may be necessary for the purposes set
out in section 240(3); and
(b) has all the functions of the directors in respect of the business and
cellular assets of or attributable to the cell.
(2) The receiver may at any time apply to Court —
(a) for directions as to the extent or exercise of any function or
power;
(b) for the receivership order to be discharged or varied; or
(c) for an order as to any matter arising in the course of his
receivership.
(3) In exercising his functions and powers the receiver is deemed to act as
the agent of the protected cell company and shall not incur personal
liability except to the extent that he is fraudulent, reckless or grossly
negligent, or acts in bad faith.
(4) Any person dealing with the receiver in good faith is not concerned to
enquire whether the receiver is acting within his powers.
(5) Where an application has been made for, and during the period of
operation of, a receivership order, no proceedings may be commenced or
continued against the protected cell company in relation to the cell in
respect of which the receivership order was applied for or made except
with the consent of the receiver or the leave of the Court and subject
(where the Court gives leave) to such terms and conditions as the Court
may impose.
(6) For the avoidance of doubt, rights of set-off and secured interests,
including, without limitation, a chargee‘s rights under a charge, and
rights of enforcement thereof, are unaffected by the provisions of
subsection (5).
(7) During the period of operation of a receivership order —
(a) the functions of the directors shall cease in respect of the
business and cellular assets of or attributable to the cell in
respect of which the order was made, and
(b) where the company has entered into a recourse agreement
affecting the cell, the receiver of the cell shall be deemed a
director of the protected cell company in respect of the assets
liable under that agreement.
and effect of
receivership order
(a) may do all such things as may be necessary for the purposes set
out in section 240(3); and
(b) has all the functions of the directors in respect of the business and
cellular assets of or attributable to the cell.
(2) The receiver may at any time apply to Court —
(a) for directions as to the extent or exercise of any function or
power;
(b) for the receivership order to be discharged or varied; or
(c) for an order as to any matter arising in the course of his
receivership.
(3) In exercising his functions and powers the receiver is deemed to act as
the agent of the protected cell company and shall not incur personal
liability except to the extent that he is fraudulent, reckless or grossly
negligent, or acts in bad faith.
(4) Any person dealing with the receiver in good faith is not concerned to
enquire whether the receiver is acting within his powers.
(5) Where an application has been made for, and during the period of
operation of, a receivership order, no proceedings may be commenced or
continued against the protected cell company in relation to the cell in
respect of which the receivership order was applied for or made except
with the consent of the receiver or the leave of the Court and subject
(where the Court gives leave) to such terms and conditions as the Court
may impose.
(6) For the avoidance of doubt, rights of set-off and secured interests,
including, without limitation, a chargee‘s rights under a charge, and
rights of enforcement thereof, are unaffected by the provisions of
subsection (5).
(7) During the period of operation of a receivership order —
(a) the functions of the directors shall cease in respect of the
business and cellular assets of or attributable to the cell in
respect of which the order was made, and
(b) where the company has entered into a recourse agreement
affecting the cell, the receiver of the cell shall be deemed a
director of the protected cell company in respect of the assets
liable under that agreement.
