Addleshaw Goddard

This Practice Note, produced in partnership with Tim Cooper of Addleshaw Goddard LLP, looks at the insolvency of ordinary partnerships and limited partnerships in Scotland. It considers how a Scottish partnership can apply for its own sequestration, how creditors can petition for sequestration and other differences for Scottish Partnerships.

This Practice Note, produced in partnership with Tim Cooper of Addleshaw Goddard LLP and Eileen Maclean of Insolvency Support Services Limited, looks at members’ voluntary liquidations (MVLs) in Scotland including The Insolvency (Scotland) (Receivership and Winding up) Rules 2018.

This Practice Note, produced in partnership with Tim Cooper of Addleshaw Goddard LLP, David Menzies of ICAS and Louise Laing of Brodies LLP, looks at the process to enter creditors’ voluntary liquidation (CVL) of a company registered in Scotland and the appointment of a liquidator by creditors.

This Q&A considers the position in Scotland on whether the EU Regulation on insolvency proceedings as it has effect in the law of the UK applies to a winding-up petition for a company registered and trading in Scotland, and whether the proceedings are treated as COMI or establishment proceedings.

Generally, all signatures other than those prescribed in the Requirements of Writing (Scotland) Act 1995 (RW(S)A 1995) can be provided electronically—but these electronic signatures are not considered probative for the purposes of the RW(S)A 1995.Statutory declarations are made under the Statutory Declarations Act 1835 (SDA 1835). While SDA 1835 prescribes the standard wording to be used, it does not specifically require that a statutory declaration is made on paper and it makes no provision as to electronic signatures (or signatures generally).Where a statute or statutory instrument requires a statutory declaration to be made, specific details of the form of the declaration may be prescribed.In relation to notices of intention to appoint administrators (NOI), or notices of appointment of administrators (NOA), Schedule B1 to the Insolvency Act 1986 (IA 1986) and the Insolvency (Scotland) (Company Voluntary Arrangements and Administration)

This Q&A considers the position in Scotland on the effect of the employer company going into administration, and whether it renders a post-termination restriction (or restrictive covenant) unenforceable, or null and void.

This Q&A considers the position in Scotland on whether it is possible to lend to a company currently undergoing a CVA.

This Q&A considers the position in Scotland on whether the usual order where an administration order is made when a winding-up petition is extant.

This Q&A considers the position in Scotland as to the interpretation of the insolvency grounds in a forfeiture clause.

This Q&A considers the position in Scotland on whether it is necessary to file the statutory demand and the evidence of its service prior to the hearing of the application to wind up the company when a winding-up petition is based on the service of a statutory demand on a company, which has not been complied with.