Strike off, dissolution and restoration

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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
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
Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
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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
Secured creditors under a CVA—including effect on guaranteesNeither the company nor its creditors may approve a company voluntary arrangement (CVA)...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes
Court-appointed receivers—when a court will appoint a receiver and who may be appointedThis Practice Note covers receivers who are appointed by the...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Practice notes
Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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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
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
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
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
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 Strike off, dissolution and restoration content

Q&As
Where a tenant company has been dissolved, but a director of the company (who is also a guarantor) remains in occupation, is the landlord able to take...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As
What happens to rent deposit monies arising under a rent deposit deed charged to a landlord where the tenant has been voluntary struck off and...
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1st Aug
Q&As
What happens to the legal title in shares held by a company on trust for a third party beneficial owner following the dissolution of the company?The...
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1st Aug
Q&As
How can you obtain DS1 forms (notice of cancellation of entries relating to a registered charge) from two mortgagees, where one mortgagee is dissolved...
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31st Jul
Q&As
In a bankruptcy, what happens if an unsecured creditor is a dissolved company?There are some key issues to consider when an unsecured creditor in a...
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Produced in partnership with Harry Clark of Clarke Willmott 31st Jul
Q&As
What is the appropriate legal route to re-appoint the liquidator of a dissolved company, where the company is to be restored to a state of compulsory...
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Produced in partnership with Caroline Clark 31st Jul
Q&As
Is a written resolution permitted to wind up a company?We have assumed you are referring to the voluntary winding up of a private company limited by...
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31st Jul
Q&As
Can a company that has re-registered as a private company in the last three months make an application for voluntary striking off? You have asked...
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31st Jul
Q&As
Is there a way to reinstate a company that was struck off the register and dissolved in 2007 for failing to file annual accounts?A company registered...
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31st Jul
Q&As
In the event that a company has been restored following a Members Voluntary Liquidation what happens to its share capital?Section 201 of the...
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Produced in partnership with Lesley Anderson QC of Hardwicke Chambers 31st Jul
Q&As
What happens if a company is dissolved without disposing of shares it holds in another company?When a company is dissolved, all property and rights...
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31st Jul
Q&As
Is a company permitted to make a voluntary strike off application if its profit and loss account shows a loss because of undistributed share...
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31st Jul
Q&As
Who can object to a company being struck off the register by the registrar?The Registrar of Companies has power to take steps to strike off a company...
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31st Jul
Q&As
Can a foreign company (wound up under Insolvency Act 1986, section 221) be restored to the register to allow the liquidator to realise a UK asset?...
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Produced in partnership with Clive Blackwood of Lamb Chambers 31st Jul
Practice notes
Dissolution and bona vacantia—dealing with the Treasury SolicitorBona vacantia means ‘goods without an owner’ and is a relevant consideration where...
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Produced in partnership with Katrina Mather of Gatehouse Chambers 31st Jul
Practice notes
Notice of dissolution following completion of MVL—the position under The Insolvency (England and Wales) Rules 2016A notice of dissolution takes place...
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Produced in partnership with Robert Smailes of Leonard Curtis Business Solutions Group and Simon Hunter of Three Stone 31st Jul
Precedents
Application to court to restore a company to the register—contents of part 8 claim formNo. [insert] of [insert]In the high court of justiceBUSINESS...
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30th Jul

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