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Directors and insolvency

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Latest Restructuring & Insolvency News

INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Finland

INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Finland

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Finland

INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—France

INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—France

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—France

What will the impact on the industry be of extending the restrictions on the use of statutory demands and winding up petitions?

What will the impact on the industry be of extending the restrictions on the use of statutory demands and winding up petitions?

The following Dispute Resolution news provides comprehensive and up to date legal information on What will the impact on the industry be of extending the restrictions on the use of statutory demands and winding up petitions?

Application to restore entities suspected of involvement in international money-laundering granted (Re Harrington & Charles Trading Company Ltd)

Application to restore entities suspected of involvement in international money-laundering granted (Re Harrington & Charles Trading Company Ltd)

The following Corporate news provides comprehensive and up to date legal information on Application to restore entities suspected of involvement in international money-laundering granted (Re Harrington & Charles Trading Company Ltd)

Featured Restructuring & Insolvency content

The Loan Market Association

The Loan Market Association

The Loan Market AssociationAims of the Loan Market AssociationThe Loan Market Association (LMA) was established in 1996 as a trade body with a key...

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeStatutory declaration of solvencyA company...

Recapitalisations

Recapitalisations

RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...

Key elements of a standstill agreement

Key elements of a standstill agreement

Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...

Practice notes

US bankruptcy financing—debtor-in-possession (DIP) financing

US bankruptcy financing—debtor-in-possession (DIP) financingDIP financing generallyDebtor-in-possession financing (DIP financing) is new,...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 19th May
tag iconIn-house
Practice notes

What is a pre-pack administration sale?

What is a pre-pack administration sale?Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the...
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19th May
Practice notes

Statements of Insolvency Practice (SIPs)—a quick guide

Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
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19th May
Practice notes

Marshalling debt

Marshalling debtWhat is marshalling?Marshalling is where two or more creditors are owed money by the same debtor, and one creditor has more than one...
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Produced in partnership with Karen Jacobs of Dentons 19th May
Practice notes

Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administration

Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administrationInsolvency practitioners (IPs) are required to comply with both...
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19th May
Practice notes

Roles, powers and duties of an administrative receiver

Roles, powers and duties of an administrative receiverWhat is an administrative receiver?The Insolvency Act 1986 (IA 1986) sets out what an...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Practice notes

Role, powers, functions and duties of a liquidator

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

Court-appointed receivers—when a court will appoint a receiver and who may be appointed

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 Proceedings

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
Q&As

The wording of paragraph 83 of Schedule B1 to the Insolvency Act 1986 suggests that an administrator only needs to think that the total amount which each creditor is likely to receive has been set aside, not that the secured creditor(s) have been or will be paid in full. Where an administrator is pursuing office-holder claims—such that any recoveries will not be caught by any security—can the administrator convert the administration to a creditors’ voluntary liquidation where secured creditors will not be paid in full or at all? The consent of secured and other creditors to extend the administration has not been forthcoming.

The wording of paragraph 83 of Schedule B1 to the Insolvency Act 1986 suggests that an administrator only needs to think that the total amount which...
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Produced in partnership with Caroline Clark 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, can a director be held personally liable?

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

Equitable charges v legal charges—impact on saleability

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

Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986

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
tag iconIn-house
Practice notes

Compulsory winding up of a company—the process and procedure

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

The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016

The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016The company voluntary arrangement (CVA) proposal will...
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Produced in partnership with KPMG and Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes

What is a statutory demand?

What is a statutory demand?This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal...
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19th May

Most recent Directors and insolvency content

Practice notes

Buying a business from an insolvency practitioner

Buying a business from an insolvency practitionerBuying the business and/or assets of a company from an insolvency practitioner (insolvent sale) is...
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5th Jun
Practice notes

Disqualification under section 6 of the Company Directors Disqualification Act 1986—the process and procedure: Part 3—procedural issues and Undertakings and Carecraft settlements

Disqualification under section 6 of the Company Directors Disqualification Act 1986—the process and procedure: Part 3—procedural issues and...
Read More >
5th Jun
Practice notes

Conflicts in restructuring and insolvency

Conflicts in restructuring and insolvencyIn any insolvency situation, there are a number of parties involved that require legal advice and, in certain...
Read More >
5th Jun
Practice notes

Insolvency guidance on company dividends and distributions

Insolvency guidance on company dividends and distributionsDistributions made and dividends paid by a company are governed by Part 23 of the Companies...
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5th Jun
Practice notes

Joint and several liability of company directors and certain other individuals for tax debts of companies and limited liability partnerships

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 5th Jun
Practice notes

Post order and undertaking: commencement of disqualification, publicity, and sanctions for breach of disqualification

Post order and undertaking: commencement of disqualification, publicity, and sanctions for breach of disqualificationCommencement of disqualification...
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5th Jun
Practice notes

Costs in directors' disqualification proceedings

Costs in directors' disqualification proceedingsDespite their penal nature, disqualification proceedings are civil proceedings, and the general...
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5th Jun
Practice notes

Corporate Insolvency and Governance Act 2020—temporary changes to the wrongful trading regime

Corporate Insolvency and Governance Act 2020—temporary changes to the wrongful trading regimeWhat is the background to the temporary changes to the...
Read More >
5th Jun
tag iconCOVID-19
Practice notes

Disqualification under section 6 of the Company Directors Disqualification Act 1986—Part 1: the process and procedure

Disqualification under section 6 of the Company Directors Disqualification Act 1986—Part 1: the process and procedureSTOP PRESS: In May 2021 the...
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5th Jun
Practice notes

Directors’ duties: companies in financial difficulties

Directors’ duties: companies in financial difficultiesDirectors of companies which become, or are likely to become, insolvent face additional...
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5th Jun
tag iconCOVID-19
Practice notes

What is prohibited for a disqualified director?

What is prohibited for a disqualified director?How can a director be disqualified?There are many ways in which a director may be disqualified, from...
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5th Jun
Practice notes

How can a director be disqualified as a company director?

How can a director be disqualified as a company director?STOP PRESS: In May 2021 the government announced that the Insolvency Service will be given...
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5th Jun
tag iconIn-house
Practice notes

Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986

Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986A fraudulent trading claim arises under two separate statutory...
Read More >
5th Jun
Practice notes

Small Business, Enterprise and Employment Act 2015—amendments affecting the Company Directors Disqualification Act 1986 [Archived]

Small Business, Enterprise and Employment Act 2015—amendments affecting the Company Directors Disqualification Act 1986 [Archived]The Small Business,...
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5th Jun
Practice notes

Antecedent transaction claims by an office-holder in liquidation or administration

Antecedent transaction claims by an office-holder in liquidation or administrationGeneral duty of liquidators and administrators where there has been...
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5th Jun
Practice notes

UNCITRAL guidance on directors' obligations in the period approaching insolvency

UNCITRAL guidance on directors' obligations in the period approaching insolvencyRationaleIn the wake of the 2008 credit crunch and the increase in...
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5th Jun
Practice notes

What are the risks of accepting payment from a company that is likely to enter into a formal insolvency process and what can be done to mitigate those risks?

What are the risks of accepting payment from a company that is likely to enter into a formal insolvency process and what can be done to mitigate those...
Read More >
5th Jun
Practice notes

Prohibited names under section 216 of the Insolvency Act 1986

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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5th Jun
Practice notes

Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—jurisdiction, parties and the application procedure

Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—jurisdiction, parties and the...
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5th Jun
Practice notes

Basic principles—the delivery-up of information and property to the insolvency office-holder

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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5th Jun

Popular documents

European Insurance and Occupational Pensions Authority (EIOPA)

European Insurance and Occupational Pensions Authority (EIOPA)

European Insurance and Occupational Pensions Authority (EIOPA)BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements

Standard Commercial Property Conditions (Third Edition—2018 Revision)

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages, damages for loss of enjoyment and loss of amenity, restitutionary damages and negotiating

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the Landlord and Tenant Act 1954. They are intended to be used when completing the prescribed form under the Landlord and Tenant Act 1954, Part 2 (Notices)