Strike off, dissolution and restoration

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Practice notes
A popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in return for reducing or...
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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
IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...
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Produced in partnership with South Square 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
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
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9th Nov
Practice notes
Creditors are often keen to establish proprietary claims as they create rights in rem (which attach to the property itself) rather than personal...
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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
This Practice Note looks at equitable accounting, what it is, how and when it applies. It does not look at how the trustee in bankruptcy (trustee)...
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9th Nov
Practice notes
This Practice Note covers receivers who are appointed by the court, including the circumstances in which a court will appoint a receiver and who may...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 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
The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...
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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
This Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around an IBR•identify when an IBR may be...
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Produced in partnership with Allan Kelly of RSM 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

Most recent Strike off, dissolution and restoration content

Q&As
The dissolution of a limited company results in its property (which includes leasehold interests) vesting in the Crown as bona vacantia. Bona vacantia...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Nov
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 29th Nov
Practice notes
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...
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Produced in partnership with Katrina Mather of Hardwicke Chambers 29th Nov
Practice notes
This Practice Note considers the striking off of a company from the register of companies and how to deal with this in the context of a receivership...
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Produced in partnership with Katrina Mather of Hardwicke Chambers 29th Nov
Practice notes
Dissolution marks the end of a company’s life. It constitutes the formal termination of a company as a legal entity and for insolvency purposes ends...
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Produced in partnership with Ian Defty of CVR Global LLP 29th Nov
Q&As
This Q&A considers the following issues in a scenario where the relevant lease has not been forfeited or disclaimed.What happens to the assets of a...
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29th Nov
Q&As
There are some key issues to consider when an unsecured creditor in a bankruptcy is a dissolved company.The starting point is that the dissolution of...
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Produced in partnership with Harry Clark of Clarke Willmott 29th Nov
Q&As
Dissolved mortgageeAccording to our Practice Note: Voluntary striking off and dissolution, housed in our Lexis®PSL Corporate module:'If a company is...
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29th Nov
Q&As
If the official receiver (OR) had been the previous liquidator then early dissolution could have been carried out under section 202 of the Insolvency...
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Produced in partnership with Caroline Clark 29th Nov
Precedents
Filed on behalf of the ClaimantWitness statement of [insert name] of [insert name of claimant]Number of witness statement: [First]Exhibit numbers:...
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5th Nov
Precedents
No. [insert] of [insert]In the high court of justiceBUSINESS AND PROPERTY COURTS FOR ENGLAND AND WALESINSOLVENCY AND COMPANIES LIST (ChD)Companies...
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5th Nov
Precedents
Company number:[insert company number][insert company name][LIMITED OR PLC]Minutes of a meeting of the board of directors (the Meeting) of [insert...
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5th Nov
Precedents
Company number: [insert number][insert company name] [LTD OR PLC]Minutes of a meeting of the board of directors (the Meeting) of [insert full name of...
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19th Oct
Precedents
[Name and address of recipient]Date: [insert date]Dear [Members OR Organisation name OR Directors OR Individual name][insert company name][LTD OR...
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19th Oct
Practice notes
Why restore a company to the register?When a company has been struck off it may be possible for an interested person to make an application to the...
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19th Oct
Practice notes
Coronavirus (COVID-19): Following the COVID-19 outbreak, some Companies House filing and other administrative procedures have been temporarily...
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14th Oct
Q&As
The Companies Act 2006 (CA 2006) contains provisions for a company's directors to apply to Companies House to be struck off the register of companies...
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9th Oct

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