Commentary

227 Following the assets into the hands of the new company

COMPANIES vol 11 acquisitions, mergers, demergers
| Commentary

227 Following the assets into the hands of the new company

| Commentary

227 Following the assets into the hands of the new company

When a company reorganisation is carried out by agreement, a possible remedy available to the liquidator, and accordingly to unpaid creditors of the original company, may be to follow that company’s assets into the hands of the new company and require the new company to apply them in satisfying the debts and liabilities of the original company. This right to follow the original company’s assets appears to be derived from the equitable rules relating to tracing assets and it seems that the right is available to the original company’s

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