Members' voluntary liquidation

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Practice notes
Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
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Produced in partnership with Julie Lanz of Skadden Arps Slate Meagher & Flom LLP 9th Nov
Practice notes
The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...
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Produced in partnership with Richard Bowles 9th Nov
Practice notes
STOP PRESS: This Practice Note is being updated for the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which introduces a new insolvency...
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Produced in partnership with Stephen Allinson 9th Nov
Practice notes
DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov
Practice notes
This Practice Note looks at:•the key features of loan to value (LTV) covenants•possible issues with calling an event of default based on a LTV...
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Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 9th Nov
Practice notes
The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 9th Nov
Practice notes
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
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Produced in partnership with James Hannant of Guildhall Chambers 9th Nov
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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9th Nov
Practice notes
IntroductionSet-off refers to claims that may be set-off against other claims. A set-off is the right of one party, Party A, who is owed money by...
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Produced in partnership with South Square and BDO LLP 9th Nov
Practice notes
BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....
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9th Nov
Practice notes
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
Read More >
Produced in partnership with South Square and BDO LLP 9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
Read More >
9th Nov

Most recent Members' voluntary liquidation content

Practice notes
Status of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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25th Nov
Q&As
The powers of the liquidator are set out in Schedule 4, Part III of the Insolvency Act 1986 (IA 1986). The liquidator’s general power to sell is found...
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Produced in partnership with Oberon Kwok of Selborne Chambers 18th Nov
Practice notes
This Practice Note has been archived and is not maintained.The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) were laid before...
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Produced in partnership with James Davies of New Square Chambers 18th Nov
Precedents
Dated the [insert day and month] 20[insert year]Parties1[name of indemnifier] ‘the Indemnifier'and2[name of company in liquidation] a company...
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Produced in partnership with Robert Smailes of Leonard Curtis Business Solutions Group & Simon Hunter of Three Stone 17th Nov
Practice notes
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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17th Nov
Practice notes
On 6 April 2017 the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 replaced the Insolvency Rules 1986 (IR 1986), SI 1986/1925. For...
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30th Oct
Q&As
An indemnity is the legal agreement by one person to pay a liability incurred by another person.In a members’ voluntary liquidation (MVL), the...
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Produced in partnership with Caroline Clark 14th Oct
Practice notes
Advantages of MVLA members’ voluntary liquidation (MVL) is a much-used, versatile process as the timing and strategy of the liquidation is initially...
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Produced in partnership with Robert Smailes of Leonard Curtis Business Solutions Group & Simon Hunter of ThreeStone 8th Oct
Practice notes
A notice of dissolution takes place after the liquidator has provided the members of the company and the Registrar of Companies with a final account,...
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Produced in partnership with Robert Smailes of Leonard Curtis Business Solutions Group and Simon Hunter of Three Stone 8th Oct
Q&As
A company limited by guarantee is a company whose members have contributed to the assets of the company in the event of it being wound up. Rather than...
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29th Sep
Q&As
The directors, or in the case of a company with more than two directors, the majority of the directors, must swear a statutory declaration at a...
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Produced in partnership with Caroline Clark 29th Sep
Q&As
In answering this Q&A, we have considered the power of a liquidator to deal with the company’s assets after the commencement of liquidation.Section...
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Produced in partnership with Simon Passfield of Guildhall Chambers 29th Sep
Q&As
A party who has the intention to attend the hearing, must give written notice to the petitioning creditor or their solicitors, in accordance with Rule...
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28th Sep
Q&As
Company granting power of attorneyWhether a company (or any other body corporate) can grant a power of attorney will depend on its constitution....
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28th Sep
Q&As
Where an appointment or nomination of any person to the office of liquidator relates to more than one person or has the effect that the office is to...
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28th Sep

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