Interpretation
In this Act, unless the context otherwise requires
"administrative receiver" means-
a receiver appointed over the whole or substantially the whole of the property and undertaking of a grantor; or
a person who would be a receiver but for the appointment of some other person as the receiver of part of a grantor's property;
"administrator" means a person specified as administrator in an administration deed under section 151 ;
"admissible", with respect to a claim, means a claim that may be admitted in liquidation or bankruptcy;
"appointing document" means the writing by or under which an appointment is made and includes a court order;
"arrangement" means a composition in satisfaction of an individual's debts or a scheme of arrangement of an individual's affairs or other arrangement in respect of which an arrangement order is made under section 124 ;
"arrangement order" means an order made to give effect to an arrangement;
"asset" means an asset of a company in liquidation or in the estate of a bankrupt;
"associated company" means a company or other business organisation in which the insolvent company holds majority or controlling shares;
"bankrupt" means an individual in respect of whom a bankruptcy has been made under section 20 ;
"bankruptcy debt", means any of the following-
a debt or liability to which the bankrupt is subject after the commencement of the bankruptcy;
a debt or liability to which the bankrupt may become subject after the commencement of the bankruptcy by reason any obligation incurred before the commencement bankruptcy and includes after discharge from bankruptcy or
any interest that may be claimed in the bankruptcy, and in determining for the purposes of this Act, whether a liability in tort is a bankruptcy debt, the bankrupt is deemed to be subject to that liability by reason of an obligation incurred time when the cause of action arose;
"bankruptcy's estate" has the meaning under section 31 ;
"bankruptcy order" means an order adjudicating an individual bankrupt;
"charge" means an interest in-
a chattel paper;
a document of title;
goods;
an intangible;
money;
a negotiable instrument; or
a security, created or provided by a transaction that in substance se payment or performance of an obligation, without regard form of the transaction or the identity of the person who has title to the collateral and includes a mortgage or lien;
"claim" means a claim in a liquidation or bankruptcy;
"company" has the meaning assigned to it in the Companies Act "court" means the High Court or a court presided over by a magistrate;
"currency point" has the value assigned to it in Schedule 1 to this Act;
"debt" means a debt or liability, present or future, certain or contingent and includes an ascertained debt or liability for damages;
"director" means-
in relation to a company, any person occupying the position of director under any title;
in respect of a foreign company, includes an agent, officer or employee responsible for the business of the foreign company in Uganda; or
in respect of any other body corporate, means a person with functions similar to those of a director, but does not include a receiver, provisional administrator or administrator;
"document" includes an invoice, order, letter, record, summons, notice, other legal process, register, index, report, certificate or accounts, in any form, including any writing, material and information stored by means of any mechanical or electronic device and any material derived from the device;
"foreign company" means a foreign company registered under the Companies Act;
"grantor" means a person in respect of whose property a receiver is or may be appointed;
"individual" with respect to Parts II, III and V of this Act, means a debtor in respect of whom a bankruptcy order is subsequently made;
"insolvency" includes bankruptcy;
"insolvency practitioner" means a person who is not an Official Receiver who is qualified to act as an insolvency practitioner within the meaning of section 207 ;
"instrument of incorporation" means the documents used to incorporate a company under the Companies Act;
"lifting the veil" means the power which the court has where the shareholders or directors of the company in question or a person in a similar position have used their business to defraud creditors of the business or to do some other wrongful or illegal act, and the court ignores the protection from liability offered by the corporation or limited liability status of the business and makes the shareholders or directors or other person personally liable for debts, liabilities and obligations of the company;
"liquidator" means a liquidator of a company appointed under section 62 or 70 ; and includes a provisional liquidator;
"Minister" means the Minister responsible for justice;
"Official Receiver" means a person appointed under section 202 ;
"preferential debts" means the debts referred to in section 11(3) and (5);
"prescribed amount" means the amount specified in Schedule 2 to this Act;
"property" includes money, goods, things in action, proceeds, and includes every description of property wherever situ; obligations, interest, whether present, future, vested or contingent arising out of or incidental to property;
"proceeds" means identifiable or traceable personal property in form derived directly or indirectly from any dealing with the collateral or proceeds of the collateral, and includes-
a right to an insurance payment or any other payment as indemnity or compensation for loss or damage to the collateral or proceeds; and
a payment made in total or partial discharge or redemption of an intangible, a negotiable instrument, a security or chattel paper;
"property in receivership" means property in respect of which a receiver is appointed;
"provisional administrator" means a provisional administrator appointed under section 141 ;
"provisional liquidator" means a provisional liquidator appointed under section 94 ;
"public notice" means notice given in accordance with section 247 ;
"receiver" means a receiver or a manager and includes a receiver manager or administrative receiver in respect of any property any person appointed as receiver-
by or under any document; or
by the court in the exercise of a power to make sue appointment given by any Act or any rule of court or in the exercise of its inherent jurisdiction, whether or not the person appointed is empowered to sell any the property in receivership;
"registrar" has the meaning assigned to it in the Companies Act;
"secretary" in relation to a company means a person appointed to perform the duties of secretary under the Companies Act;
"secured creditor" means a creditor who holds in respect of a debt or obligation a charge over property;
"security interest" means a right that is enforceable against per generally, arising out of an interest in a chattel paper, a document of title, goods, an intangible, money, or a negotiable instrument and includes-
a fixed charge;
a floating charge;
an interest created or provided for by-
a chattel mortgage;
a conditional sale agreement including an agreement to sell subject to retention of title;
a hire purchase agreement;
a pledge;
a security trust deed;
a trust receipt;
an assignment;
a consignment;
a lease; or
a transfer of chattel paper, which secures payment or performance of an obligation; without regard to the form of the transaction and without regard to the identity of the person who has title to the collateral, including where title to the collateral is in the secured party;
"shareholder" has the meaning assigned to it in the Companies Act;
"special resolution" has the meaning as in the Companies Act;
"statutory demand" means a demand made in accordance with section 3 ;
"transaction" includes a gift, settlement, agreement or arrangement and references to entering into a transaction are construed accordingly;
"transferee company" means a company to which a transfer is being made;
"transferor company" means the company effecting a transfer;
"trustee", in relation to bankruptcy, means the trustee of the bankrupt's estate;
"working day" means any day other than a Saturday, Sunday or a public holiday.
Section analysis Source linked
This section supplies the definitions or statutory meaning governing “Interpretation”.
“In this Act, unless the context otherwise requires "administrative receiver" means-”
Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.
Operative requirements extracted from the consolidated text.
- "administrator" means a person specified as administrator in an administration deed under section 151;
- "appointing document" means the writing by or under which an appointment is made and includes a court order;
- "arrangement" means a composition in satisfaction of an individual's debts or a scheme of arrangement of an individual's affairs or other arrangement in respect of which an arrangement order is made under section 124;
- "arrangement order" means an order made to give effect to an arrangement;
- "asset" means an asset of a company in liquidation or in the estate of a bankrupt;
- "associated company" means a company or other business organisation in which the insolvent company holds majority or controlling shares;
- "bankrupt" means an individual in respect of whom a bankruptcy has been made under section 20;
- "bankruptcy's estate" has the meaning under section 31;
39 further items remain in the statutory text above.
Express propositions in source-matched passages from judgments citing this section.
No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.
No section-specific amendment note or instrument-level amendment history appears in this consolidation.