The following Restructuring & Insolvency news provides comprehensive and up to date legal information on A £3m gift, a diamond and a castle; the story of a successful section 423 claim (Thomas v Jones)
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeCoronavirus (COVID-19)This content is affected...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Obtaining Official Copies from HM Land RegistryThis Practice Note provides guidance in obtaining official copies of the entries on the title of a...
In what circumstances can a CVA be proposed and by whom?What is a CVA?A company voluntary arrangement (CVA) is a binding arrangement made between a company and its creditors (Part I of the Insolvency Act 1986 (IA 1986)). It is the corporate equivalent of the individual voluntary arrangement (IVA).
Dissolution of a company following compulsory liquidation or creditors' voluntary liquidationCompulsory liquidation or winding up by the courtWhere the Official Receiver is appointedOn the making of a winding-up order by the court, the official receiver (OR) is appointed as liquidator.When the OR
Can you wind-up a company when the debt is disputed?It is a long-established principle that winding-up proceedings should not be commenced where the petition debt is genuinely disputed on substantial grounds. If a purported creditor attempts to do so, the court can invoke its inherent jurisdiction
How to apply to restrain the presentation of or notification of a winding-up petitionOpposing a winding-up petitionEstablishing a debtThere is no requirement to serve a statutory demand on a company before presenting a winding-up petition in respect of it.It is a long established principle that
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