Navigating the responsibilities and liabilities of company directors during insolvency can be challenging. This topic provides critical insights and practical strategies to manage directors' duties, mitigate risks, and ensure compliance with legal obligations, enabling specialists to effectively support their clients through complex restructuring and insolvency scenarios.
The Insolvency Service has partnered with Crimestoppers to encourage reports of disqualified directors who continue to operate illegally, enabling...
This week's edition of Restructuring & Insolvency weekly highlights includes: an examination of an application by bankrupts’ daughters to set aside or...
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note—‘Challenging a liquidator under section 168(5) of...
Restructuring & Insolvency analysis: The High Court held that directors who knowingly permitted systemic breaches of hire purchase arrangements, and...
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 the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
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