Explore the essential framework and procedures for identifying and managing company insolvencies. Dive into the specific stages, from initial distress signals to formal insolvency proceedings, and gain invaluable insights on navigating liquidations, administrations, and company voluntary arrangements. Equip yourself with practical strategies and best practice guidance to support your clients through complex corporate financial difficulties.
Restructuring & Insolvency analysis: The Family Court held that a declaration of trust transferring the former husband’s remaining UK property to his...
The Court of Session has issued Practice Note No 4 of 2026, setting a clearer framework for reporters appointed to assist the Court with insolvency...
The Institute of Chartered Accountants of Scotland (ICAS) has responded to HMRC consultation on modernising the taxation of company distributions and...
HM Courts and Tribunals Service (HMCTS) has published a collection of Business and Property Division forms which contains links to forms for use in...
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
What is a statutory declaration of solvency and what happens if a false declaration of solvency is made?Statutory declaration of solvencyA company enters voluntary liquidation when its members vote to do so by a special resolution. For further information, see Practice Note: What is a members’
Receivership—an introductory guideThe appointment of a receiver is a remedy for creditors and certain third parties to protect their interest in assets of a company.This guide gives an introduction to the types of receiverships available and some of the effects of appointing a receiver. For links to
Best price reasonably obtainable—what it means for receiversThe receiver’s dutyThe 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 its power of sale over mortgaged property a mortgagee is under a general duty to
Dissolution of a company following compulsory liquidation or creditors' voluntary liquidationCompulsory liquidation or winding up by the courtWhere the Official Receiver is appointedOn the making of a winding-up order by the court, the official receiver (OR) is appointed as liquidator.When the OR
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