Section 381. Liability of receiver or receiver and manager

(1) Any receiver or receiver and manager or other authorized person entering into possession of any assets of a company for the purpose of enforcing any charge shall, without prejudice to his rights against the company or any other person, be liable for debts incurred by him or other authorized person in the course of the receivership or possession, for services rendered, goods purchased or property hired, leased, used or occupied unless otherwise provided in the instrument appointing the receiver or receiver and manager or other authorized person.

(2) Subsection (1) shall not be construed as to constitute the charge holder, as to be a mortgagee in possession.

(3) For the purposes of this section, “a mortgagee in possession” means a charge holder who personally or as through an agent exercises a power to—

(a) receive income from a charged property;

(b) enter into possession or assume control of a charged property; or

(c) sell or otherwise alienate a charged property.