Strike off, dissolution and restoration

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Practice notes
DIP financing generallyDebtor-in-possession financing (DIP financing) is new, post-petition financing provided to a debtor in a bankruptcy case. The...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
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
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 12th Jan
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
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 12th Jan
Practice notes
It is possible for a claim to be brought under section 423 of the Insolvency Act 1986 (IA 1986) against a company or individual following a...
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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 12th Jan
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 12th Jan
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 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
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
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
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 12th Jan
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 12th Jan
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
Senior creditors will ensure that in addition to having higher security rights over junior creditors, juniors are also subordinated to them.Generally...
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9th Nov

Most recent Strike off, dissolution and restoration content

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 15th Feb
Q&As
Section 201 of the Insolvency Act 1986 (IA 1986) applies to a company wound up voluntarily, where the liquidator has sent to the registrar of...
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Produced in partnership with Lesley Anderson QC of Hardwicke Chambers 15th Feb
Q&As
We have assumed you are referring to the voluntary winding up of a private company limited by shares.Only private companies can pass written...
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15th Feb
Q&As
A company registered with Companies House can be struck off the register by the Registrar of Companies in circumstances where it appears that the...
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15th Feb
Q&As
You have asked whether the fact that a company has changed its name from 'X plc' to 'X' Ltd' on its re-registration as a private company under section...
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15th Feb
Q&As
When a company is dissolved, all property and rights whatsoever vested in or held on trust for the company immediately before its dissolution...
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15th Feb
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 22nd Jan
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 8th Jan
Q&As
An English court has jurisdiction to wind up a company, incorporated abroad, as an ‘unregistered company’ pursuant to section 221 of the Insolvency...
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Produced in partnership with Clive Blackwood of Lamb Chambers 8th Jan
Q&As
The Registrar of Companies has power to take steps to strike off a company if he has reasonable cause to believe that a company is not carrying on...
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6th Dec
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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6th Dec
Q&As
The legal title in the shares will not pass to the Crown. According to section 1012 of the Companies Act 2006 (CA 2006):‘When a company is dissolved,...
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6th Dec

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