Directors and insolvency

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Practice notes
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
Practice notes
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 guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
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19th May
Practice notes
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 administrationInsolvency practitioners (IPs) are required to comply with both...
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19th May
Practice notes
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 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 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
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
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 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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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
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?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 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...
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5th Jun
Practice notes
Conflicts in restructuring and insolvencyIn any insolvency situation, there are a number of parties involved that require legal advice and, in certain...
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5th Jun
Practice notes
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 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 disqualificationCommencement of disqualification...
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5th Jun
Practice notes
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 regimeWhat is the background to the temporary changes to the...
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5th Jun
Practice notes
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 difficultiesDirectors of companies which become, or are likely to become, insolvent face additional...
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5th Jun
Practice notes
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?STOP PRESS: In May 2021 the government announced that the Insolvency Service will be given...
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5th Jun
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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5th Jun
Practice notes
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 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 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...
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5th Jun
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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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...
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5th Jun
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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5th Jun

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