Who has the authority to appoint a receiver?

Study for the ICAEW ACA Certificate Level - Law Test. Dive into multiple choice questions and detailed explanations to prepare effectively. Get ready for your exam!

The correct answer highlights the specific authority that a secured creditor has in appointing a receiver, particularly when they hold a charge over land. In the context of insolvency and company law, a secured creditor has a vested interest in the assets of the company due to the security they hold. If the company defaults on its obligations, the secured creditor can take action to protect their investment, which includes the appointment of a receiver to manage the company's assets and affairs.

When a secured creditor has a mortgage or a charge that secures repayment of a debt, they can appoint a receiver without needing to seek permission from the court. This ability is outlined within relevant legal frameworks, such as the Law of Property Act 1925 in the UK, which facilitates this process to ensure that creditors can act quickly to safeguard their rights and recover debts.

Other options refer to different entities or circumstances regarding the appointment of receivers but do not hold the same direct authority as secured creditors in this context. For instance, company directors may have the authority to manage the company's affairs but do not specifically have the power to appoint a receiver without adhering to statutory obligations or shareholder decisions. The court can appoint a receiver in certain situations, particularly when requested by creditors, but it is not the case that

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