Corporate insolvency

Corporate insolvency guidance:

Accepting a surrender can be the quickest way for a landlord to regain possession of the premises from an insolvent tenant. It circumvents the extra requirements before...

Practice Note

Real estate often forms part of the assets of an insolvent company to be sold by an administrator and can frequently be key to a potential buyer so it can continue the...

Practice Note

Date[insert date of appointment] Parties 1 [insert name of Lender] of [insert address][incorporated in England and Wales with company registration number [insert company...

Precedents

The receiver’s duty The duty owed by a receiver to a mortgagor when selling a property is the same as that owed by the mortgagee to a mortgagor: • in exercising his power...

Practice Note

Dissolution A company is dissolved (or deemed dissolved) following: • liquidation • administration • striking off its name off the register by the Registrar of Companies...

Practice Note

In this Practice Note, receivers, administrators and liquidators will, for convenience, be referred to collectively as Insolvency Practitioners (IPs), although it is not...

Practice Note

Right to recover rent The commercial rent arrears recovery (CRAR) regime allows landlords to seize a tenant’s goods from the demised premises in order to recover unpaid...

Practice Note

General Liquidation (sometimes called winding up) is the process by which a company and its affairs are brought to an end and its assets distributed to creditors and...

Practice Note

ARCHIVED: This Precedent incorporates the Standard Commercial Property Conditions (Second Edition) and is no longer maintained. The Third Edition of the Standard...

Precedents

This Agreement is made on [date] Parties 1 [insert name of Seller] in administrative receivership [and also in liquidation] incorporated in England and Wales with company...

Precedents

ARCHIVED: This Precedent incorporates the Standard Commercial Property Conditions (Second Edition) and is no longer maintained. The Third Edition of the Standard...

Precedents

This Agreement is made on [date] Parties 1 [insert name of Seller] in administration incorporated in England and Wales with company registration number [insert company...

Precedents

ARCHIVED: This Precedent incorporates the Standard Commercial Property Conditions (Second Edition) and is no longer maintained. The Third Edition of the Standard...

Precedents

This Agreement is made on [date] Parties 1 [insert name of Seller] (in liquidation) incorporated in England and Wales with company registration number [insert company...

Precedents

ARCHIVED: This Precedent incorporates the Standard Commercial Property Conditions (Second Edition) and is no longer maintained. The Third Edition of the Standard...

Precedents

This Agreement is made on [date] Parties 1 [insert name of Seller] in [liquidation OR administration] incorporated in England and Wales with company registration number...

Precedents

ARCHIVED: This Precedent incorporates the Standard Commercial Property Conditions (Second Edition) and is no longer maintained. The Third Edition of the Standard...

Precedents

This Agreement is made on [date] Parties 1 [insert name of Seller ie the mortgagee] [of [insert address] OR incorporated in England and Wales with company registration...

Precedents

Prudential Assurance v PRG Powerhouse first highlighted the potential use of a company voluntary arrangement (CVA) for 'guarantee stripping', where the beneficiary of a...

Practice Note

What is a CVA? A company voluntary arrangement (CVA) is an arrangement between a company and its creditors, supervised by an IP (who is known as the supervisor once the...

Practice Note

Date [insert date of surrender] Parties 1 [insert name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration number [insert...

Precedents

Bona vacantia means ‘goods without an owner’ and is a relevant consideration where any company is at risk of being struck off and dissolved. Any assets which have not...

Practice Note

Environmental liabilities can: • contribute to company insolvency and/or • affect the liabilities of directors, lenders and Insolvency Practitioners (IPs) involved with...

Practice Note

Escheat Paramount lordship of the Crown The principle which underlies the doctrine of escheat is a remnant of the feudal system of land tenure. Under that system, all...

Practice Note

This Practice Note provides a brief summary of the retail landscape and highlights some of the key legal and practical issues facing office-holders appointed over a...

Practice Note

LR prescribed lease clauses LR3. Parties to this LeaseLandlord [insert landlord’s name, address and registered number] [(in [administrative receivership] [and also in]...

Precedents

Parties 1 [insert name of relevant party] [(in [administrative receivership [and also in]] [liquidation OR administration])] of [insert address] [incorporated in England...

Precedents

This Practice Note gives an introduction to the main issues for property disputes lawyers in each of the most common forms of insolvency process, including the...

Practice Note

Rent payment Depending on the procedure being followed, rent will be payable to the: • liquidator • administrator • company voluntary arrangement (CVA) supervisor...

Practice Note

Rent payment The Commercial Rent Arrears Recovery (CRAR) procedure enables a superior landlord to serve notice requiring an undertenant to pay rent directly to the...

Practice Note