Explore the essential framework and procedures for identifying and managing company insolvencies. Dive into the specific stages, from initial distress signals to formal insolvency proceedings, and gain invaluable insights on navigating liquidations, administrations, and company voluntary arrangements. Equip yourself with practical strategies and best practice guidance to support your clients through complex corporate financial difficulties.
The following Property Disputes news provides comprehensive and up to date legal information on The Supreme Court tweaks Etridge (Waller Edwards v One Savings Bank plc)
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
What is a statutory declaration of solvency and what happens if a false declaration of solvency is made?Statutory declaration of solvencyA company enters voluntary liquidation when its members vote to do so by a special resolution. For further information, see Practice Note: What is a members’
How an administration comes to an endThere are several ways in which an administration can come to an end depending on the specific circumstances of the administration.The starting point is that an administration should not last longer than 12 months—the administration will come to an automatic end
What are provisional liquidators, when are they appointed, and why?What is a provisional liquidator?A provisional liquidator is, in effect, an interim liquidator, where a licensed insolvency practitioner (IP) or the official receiver (OR) is appointed under section 135 of the Insolvency Act 1986 (IA
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
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