Members' voluntary liquidation

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What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeStatutory declaration of solvencyA company...
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Produced in partnership with Robert Smailes of Leonard Curtis Business Solutions Group & Simon Hunter of Three Stone 19th May
Practice notes
Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...
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Produced in partnership with Stephen Allinson 19th May
Practice notes
RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...
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Produced in partnership with Alice Morgan of Sidley Austin LLP 19th May
Practice notes
US bankruptcy financing—debtor-in-possession (DIP) financingDIP financing generallyDebtor-in-possession financing (DIP financing) is new,...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 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
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
Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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19th May
Practice notes
Annulment of bankruptcy ordersThis Practice Note looks at the annulment of bankruptcy orders under section 282 of the Insolvency Act 1986 (IA 1986)...
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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
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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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
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
Covenant waivers and resetsOne of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver,...
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19th May

Most recent Members' voluntary liquidation content

Q&As
How are a company’s assets to be distributed in an MVL? What constitutes debts to members 'as members'?Company’s assets upon winding upThe company's...
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1st Aug
Q&As
How do you wind up a company limited by guarantee? Does this differ to the options available to a company limited by shares?A company limited by...
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1st Aug
Q&As
Is a shareholder prevented from future involvement in a trade where entrepreneurs’ relief has been claimed on a distribution of assets as a part of a...
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1st Aug
Q&As
A creditor has issued a winding-up petition. If we notify that creditor of our attention to attend a hearing, can we withdraw the notice or simply not...
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1st Aug
Q&As
How can members of a company in member voluntary liquidation (where the liquidator was appointed by the court) summon/requisition a general meeting of...
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Produced in partnership with Phillip Patterson of Gatehouse Chambers 1st Aug
Q&As
If there are joint liquidators on behalf of a company, do they both need to sign a stock transfer form or can it be done by one of them? Where an...
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1st Aug
Q&As
Can a contingent creditor in a members’ voluntary liquidation (MVL) force the liquidator to continue the MVL until the contingency figure is...
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Produced in partnership with Alison Curry of Insolvency Support Services 1st Aug
Q&As
Would a statutory declaration of solvency still be valid if only made by a minority of board directors in circumstances where there is a board...
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1st Aug
Q&As
What rights does a creditor have in a members’ voluntary liquidation if their claim is rejected by the liquidator? What is the process to...
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Produced in partnership with Caroline Clark 1st Aug
Q&As
We need to place a company into members’ voluntary liquidation. Some of the directors are overseas; do we need to fly them over to swear the statutory...
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Produced in partnership with Caroline Clark 1st Aug
Q&As
Does a power of attorney given by a company survive administration or liquidation? Is it possible to draft the power of attorney to enable it to...
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1st Aug

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