Q&As

A seller is in voluntary liquidation. The draft transfer of part to the buyer grants new easements. Can the liquidators validly grant the easements?

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Published on LexisPSL on 17/06/2021

The following Restructuring & Insolvency Q&A provides comprehensive and up to date legal information covering:

  • A seller is in voluntary liquidation. The draft transfer of part to the buyer grants new easements. Can the liquidators validly grant the easements?

A seller is in voluntary liquidation. The draft transfer of part to the buyer grants new easements. Can the liquidators validly grant the easements?

This Q&A assumes that the company is in creditors' voluntary liquidation.

A liquidator's powers in a creditors' voluntary winding-up are set out in sections 165–166 of, and Schedule 4 to, the Insolvency Act 1986 (IA 1986). These powers are wide and include in particular:

  1. the power to compromise, on such terms as may be agreed, debts and liabilities capable of resulting in debts

  2. the power to carry on the business of the company so far as may be necessary for its beneficial winding-up

  3. the power to sell any of the company's property

  4. power to do all acts and execute in the name of the company and on behalf of the

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