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Practice notes
Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
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19th May
Practice notes
What is a pre-pack administration sale?Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the...
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19th May
Practice notes
Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
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19th May
Practice notes
Joint office-holder appointmentsAll insolvency processes allow for the joint appointment of office-holders if required. Whether it is appropriate or...
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19th May
Practice notes
Marshalling debtWhat is marshalling?Marshalling is where two or more creditors are owed money by the same debtor, and one creditor has more than one...
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Produced in partnership with Karen Jacobs of Dentons 19th May
Practice notes
Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administrationInsolvency practitioners (IPs) are required to comply with both...
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19th May
Practice notes
Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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19th May
Practice notes
The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
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Produced in partnership with Richard Bowles 19th May
Practice notes
Effect on proceedings against a company being wound up and after a winding-up order is madeCoronavirus (COVID-19)This content contains guidance on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Q&As
Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...
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19th May
Practice notes
Equitable charges v legal charges—impact on saleabilityThis Practice Note considers the position of a security holder who has an equitable mortgage or...
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Produced in partnership with Jonathan Titmuss of Hardwicke 19th May
Practice notes
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...
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19th May
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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19th May
Practice notes
Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016IntroductionSet-off refers to claims that may be set-off against...
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Produced in partnership with South Square Chambers and BDO 19th May
Practice notes
What is a statutory demand?This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal...
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19th May
Practice notes
A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...
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Produced in partnership with Allan Kelly of RSM 19th May

Most recent Execution content

Practice notes
Electronic signaturesCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response...
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14th Jun
Q&As
My company needs to enter into a document as a deed but everyone is working from home. Is it possible to execute a deed by virtual means?Many...
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5th Jun
Q&As
Where a document forms a schedule to an agreement, if the document in the schedule is signed rather than being printed as a separate agreement and...
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5th Jun
Q&As
If I can’t meet the people I am contracting with to sign a contract, how do I execute a contract by virtual means?Many businesses are closing their...
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5th Jun
Q&As
My finance document has been executed, but one of the required signatories has signed in the wrong place. What should I do?A properly drafted finance...
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5th Jun
Q&As
I have just heard that not all required signatories can be physically present at the signing meeting. How can I get my documentation signed?From a...
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5th Jun
Q&As
When might it be necessary to register a retention of title clause at Companies House?What is a retention of title clause?At its simplest,...
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5th Jun
Q&As
Does a guarantee have to be executed as a deed?No, a guarantee does not have to be executed as a deed. A guarantee can be executed as a deed or as an...
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5th Jun
Q&As
Is it correct that a lender can execute a debenture under hand only, and not as a deed, in order to create a valid disposition of land under section...
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5th Jun
Q&As
Is there any use in practice of a charge that is registrable at Companies House but has not been registered, ie does it confer any benefit at all on a...
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Produced in partnership with Peter Susman of Henderson Chambers 5th Jun
Q&As
Can a deed be witnessed electronically using an e-signing platform?Formalities for a deedThe following are the necessary requirements for a deed:•it...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 5th Jun
Practice notes
Executing deeds and documents in property transactions—charitiesIncorporated v unincorporated charitiesThere are currently a number of incorporated or...
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5th Jun
Q&As
If a company enters into a second debenture without obtaining the consent of the first debenture holder is the second debenture invalid?What is a...
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5th Jun
Q&As
I've just noticed that an executed document has the wrong date on it. What should I do?The first thing you need to do is insert the correct date in...
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5th Jun
Q&As
Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...
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5th Jun
Q&As
I've just noticed that a transaction document which has already been executed contains an error. What can I do to correct this?For the purposes of...
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5th Jun
Q&As
If a deed is signed but not witnessed, is it still valid? Will equity save it (looking to intention and not form)?The following content will be of...
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5th Jun
Q&As
One of the documents in my transaction has not been witnessed. What should I do?If a document has not been witnessed, check first whether it was...
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5th Jun
Practice notes
Execution formalities—companies in insolvencyWhen considering the methods for signature of a deed or contractual agreement, different execution blocks...
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5th Jun
Precedents
Executing documents—training materialsThese Training Materials provide an introduction to execution and cover the principal areas of executing simple...
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5th Jun

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