Directors' duties

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Practice notes
Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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19th May
Practice notes
Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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19th May
Practice notes
The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
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Produced in partnership with Richard Bowles 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
Practice notes
Effect on proceedings against a company being wound up and after a winding-up order is madeCoronavirus (COVID-19)This content contains guidance on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
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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
Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...
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19th May
Practice notes
Compulsory winding up of a company—the process and procedureSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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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

Most recent Directors' duties content

Practice notes
Basic principles—the delivery-up of information and property to the insolvency office-holderThe Insolvency Act 1986 (IA 1986) and Insolvency (England...
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7th Sep
Practice notes
Antecedent transaction claims by an office-holder in liquidation or administrationGeneral duty of liquidators and administrators where there has been...
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7th Sep
Practice notes
How a director of an insolvent company can use a prohibited name and avoid personal liabilityThe purpose of this Practice Note is to:•describe section...
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26th Aug
Practice notes
Prohibited names under section 216 of the Insolvency Act 1986The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act...
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26th Aug
Q&As
Can a company serve a statutory demand to an ex-director for payment of a director's loan account?A company may serve a statutory demand to an...
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18th Aug
Q&As
Is a void payment under the Insolvency Act 1986, s 127 available for set-off?STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925...
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18th Aug
Practice notes
Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986A fraudulent trading claim arises under two separate statutory...
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18th Aug
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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18th Aug
Practice notes
Limitation periods applicable to insolvency claimsRelevance of limitation periods to insolvency claimsLimitation periods refer to the time during...
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18th Aug
Practice notes
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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18th Aug
Practice notes
Misfeasance claims under section 212 of the Insolvency Act 1986What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims...
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18th Aug
Practice notes
Recovery of unlawful dividends by an insolvency office-holderA situation frequently arises where payments are made on account of dividends during a...
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18th Aug
Practice notes
Joint and several liability of company directors and certain other individuals for tax debts of companies and limited liability partnershipsThe...
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Produced in partnership with David L. Irvine of Goodwin and Nathan Langford of Kirkland & Ellis International LLP 15th Aug
Practice notes
Companies in financial distress—how commercial practitioners can spot the warning signsThis Practice Note is a guide for the commercial practitioner...
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Produced in partnership with Frank Ofonagoro of Quantuma 11th Aug
Precedents
Witness statement in support of an application to unwind a preference, transaction at an undervalue or transaction to defraud creditorsApplicant:...
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10th Aug
Precedents
Application notice to unwind a preference, transaction at an undervalue or transaction to defraud creditorsNote: This Precedent should be used in...
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10th Aug
Precedents
Witness statement in support of a wrongful trading claim under sections 214 and 246ZB of the Insolvency Act 1986The Small Business, Enterprise and...
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10th Aug

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