Section 263 — Companies Act 1993: Restriction on enforcement of lien over documents

263 Restriction on enforcement of lien over documents (1) A person is not entitled, as against the liquidator of a company, to claim or enforce a lien over books, records, or documents of the company. (2) If the lien arises in relation to a debt for the provision of services to the company before the commencement of the liquidation, the debt is a preferential claim against the company under section 312 of this Act to the extent of 10% of the total value of the debt, up to a maximum amount of $2,000. (3) Nothing in this section applies to a company that was put into liquidation pursuant to paragraph (a) or paragraph (b) of subsection (2) of section 241 of this Act if— (a) The board of the company passed a resolution of the kind referred to in section 243(8) of this Act; and (b) Section 244 of this Act does not apply in relation to the company. Section 263(2): amended, on 1 November 2007, by section 13 of the Companies Amendment Act 2006 (2006 No 56).