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Contributions by BDO

9

Creditors' decision procedures in administration
Creditors' decision procedures in administration
Practice notes

This Practice Note, produced in partnership with South Square Chambers and BDO, sets out the formalities and practical considerations of decision making by creditors in an administration.

Creditors’ meetings and proxies
Creditors’ meetings and proxies
Practice notes

This Practice Note, produced in partnership with South Square Chambers and BDO LLP, discusses how a creditor may vote at a meeting by proxy rather than personal attendance and the formalities surrounding this.

Foreign creditors
Foreign creditors
Practice notes

This Practice Note, produced in partnership with South Square Chambers and BDO LLP, looks at the position of foreign creditors and foreign currency debts in an English insolvency.

Income payments orders (IPOs) under section 310 of the Insolvency Act 1986
Income payments orders (IPOs) under section 310 of the Insolvency Act 1986
Practice notes

This Practice Note, produced in partnership with South Square and BDO LLP, looks at income payments orders (IPOs) made under section 310 of the Insolvency Act 1986 that allow trustees in bankruptcy to claim a bankrupt’s surplus income for the benefit of the bankruptcy estate. It summarises who can apply for an IPO, when application can be made, and how much a trustee in bankruptcy can claim as part of an IPO.

Informal bondholders’ committee
Informal bondholders’ committee
Practice notes

This Practice Note, produced in partnership with South Square and BDO LLP, considers who are bondholders, and why it may be beneficial for them to form a committee in order to protect their interests in a restructuring situation. It gives information on the formation and membership of such a committee, and what role they may be able to undertake.

Insolvency set-off
Insolvency set-off
Practice notes

This Practice Note discusses insolvency set-off in bankruptcy, liquidation and administration, including the requirements that claims must be due, commensurable and there must be mutual dealings. It also looks at the exceptions to insolvency set-off, the position concerning secured liabilities and construction adjudication.

Interim receivers
Interim receivers
Practice notes

This Practice Note, produced in partnership with South Square Chambers and BDO LLP, looks at interim receivers in personal insolvency appointed under section 286 of the Insolvency Act 1986 in the period between the presentation of a bankruptcy petition and the making of a bankruptcy order.

Obligation to settle liabilities before the receipt of any dividend—contributories and calls
Obligation to settle liabilities before the receipt of any dividend—contributories and calls
Practice notes

This Practice Note, produced in partnership with South Square Chambers and BDO LLP, looks at the obligation of contributories to settle a company in liquidation’s debts and liabilities as well as the expenses of the liquidation where the assets of the company are insufficient. It examines the general position, calls following a liquidation, the basic principles of contributories’ liability, calls and set-off, and the bankruptcy of a contributory.

Voting and creditors' decision procedures
Voting and creditors' decision procedures
Practice notes

This Practice Note, produced in partnership with South Square Chambers and BDO LLP, discusses creditor voting and decision-making in relation to the appointment of a liquidator in compulsory liquidation and creditors’ voluntary liquidation, the consideration of an administrator’s proposals for achieving the purpose of administration, the extension of a moratorium under Part A1 of the Insolvency Act 1986 and the consideration of individual voluntary arrangement and company voluntary arrangement proposals.

Contributions by BDO Experts

2

Corporate governance risk management guide
Corporate governance risk management guide
Practice notes

This Corporate governance risk management guide, produced in partnership with Charles Portsmouth and Sarah Hillary of BDO LLP, identifies five key priorities for corporate governance risk management and gives the heads-up on why each one is important. It includes a series of mini action lists that suggest action points for each priority area, encourage you to record your organisation’s current level of compliance and signpost relevant Practice Notes and Precedents in LexisNexis®.

Trust Registration Service (TRS)—table of registration requirements and deadlines
Trust Registration Service (TRS)—table of registration requirements and deadlines
Practice notes

This Practice Note, written by Gemma Davies of BDO, contains a table which provides at-a-glance information about whether a trust needs to register with the Trust Registration Service (TRS) and, if so, the deadline for that registration. It also contains information about whether the obligation to collect beneficial ownership information applies. This table incorporates the rules brought in as a result of the UK’s implementation of both the Fourth Money Laundering Directive (4MLD) and the Fifth Money Laundering Directive (5MLD).

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