Vesting of assets, rights and liabilities in transferee
3 Vesting of assets, rights and liabilities in transferee
When any assets, rights or liabilities are vested by a vesting order, the following provisions have effect (subject to the vesting order)—
the assets vest in the transferee by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,
the rights and liabilities become, by virtue of this clause, the rights and liabilities of the transferee,
all proceedings relating to the assets, rights or liabilities pending by or against the transferor are taken to be proceedings pending by or against the transferee,
the transferee has all the entitlements and obligations of the transferor in relation to the assets, rights and liabilities that the transferor would have had but for the order, whether or not those entitlements and obligations were actual or potential at the time the order took effect,
any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities by, to or in respect of the transferor is (to the extent that the act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the transferee,
a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent that it relates to those assets or liabilities but subject to the regulations), to be read as, or as including, a reference to the transferee.
No attornment to the transferee by a lessee from the transferor is required.
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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