Removal and replacement of office-holders

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Practice notes
Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
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19th May
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
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
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
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
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
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
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
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
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
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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19th May
Practice notes
Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016IntroductionSet-off refers to claims that may be set-off against...
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Produced in partnership with South Square Chambers and BDO 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
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
Practice notes
Covenant waivers and resetsOne of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver,...
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19th May

Most recent Removal and replacement of office-holders content

Q&As
How can members of a company in member voluntary liquidation (where the liquidator was appointed by the court) summon/requisition a general meeting of...
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Produced in partnership with Phillip Patterson of Gatehouse Chambers 1st Aug
Q&As
What are the grounds and procedure for removing a trustee in bankruptcy (trustee) from office? And if a trustee is removed from office, where do their...
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1st Aug
Q&As
What is the position with liquidator’s fees when removed from office? Must approval for these take place before removal (by creditors or the court),...
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31st Jul
Q&As
Does an administrator retain any liabilities once a liquidator is appointed?This Q&A covers the position when a company in administration moves into...
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31st Jul
Practice notes
Role, powers, functions and duties of nominee of company voluntary arrangementsWho is the nominee and what is their role in the CVA?The nominee is a...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 31st Jul
Practice notes
Removal and replacement of an administratorThis Practice Note focuses on the forced removal of an administrator from office, although other reasons...
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31st Jul
Practice notes
Challenges to administrators—action for unfair harmAs a basic rule administrators enjoy a great deal of protection. Their agency status means they...
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31st Jul
Practice notes
Role, powers, functions and duties of the supervisor of a company voluntary arrangementWho is the supervisor and what is the supervisor’s role in a...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 31st Jul
Practice notes
Block transfer orders—the law and practiceCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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Produced in partnership with Stephen Allinson, Consultant 31st Jul
Practice notes
Removal of voluntary liquidator by creditors' decision procedure—the position under the Insolvency (England and Wales) Rules 2016A voluntary...
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Produced in partnership with Robert Smailes of Leonard Curtis Business Solutions Group and Simon Hunter of ThreeStone 31st Jul
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 30th Jul

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