The following Restructuring & Insolvency Q&A provides comprehensive and up to date legal information covering:
The liquidator or administrator has the powers set out in Schedules 4 and 1 to the Insolvency Act 1986 (IA 1986) respectively and these extend to disposing of the company’s property. IA 1986 is silent on whether these powers extend to disposing of the company’s property free of any restrictions which bind the property and ordinarily the HM Land Registry would expect to see evidence that the restriction had been complied with before they will register the transfer.
We note th
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STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
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