Amendments, waivers and releases

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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 Amendments, waivers and releases content

Q&As
Can a lender take security covering existing loans made as the price for making further funds available to a financially troubled company?This Q&A...
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9th Sep
Practice notes
Key issues in transferring securityCoronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19) on...
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9th Sep
Precedents
Deed of release: for a debenture or mortgage—single company security provider—full or partial releaseThis Deed is made on [insert day and month]...
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23rd Aug
Precedents
Amendment agreement (letter format): for a bilateral facility agreement with or without security or a guarantee[To be printed on the headed paper of...
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10th Aug
Precedents
Waiver letter: for a bilateral facility agreement—waiving breach of facility agreement[To be printed on the headed paper of the lender][insert...
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10th Aug
Precedents
Confirmation of guarantee on variation of underlying facility agreement (bilateral)[To be printed on the headed paper of the Guarantor][insert...
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10th Aug
Precedents
Deed of confirmation of third party security on variation of underlying facility agreement (bilateral)This Deed is made on [date]Parties1[insert name...
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10th Aug
Precedents
Reservation of rights letter: breach of bilateral facility agreement[To be printed on the headed paper of the lender][insert date]To:[insert name and...
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10th Aug
Practice notes
Releasing securityCoronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19) on execution of...
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10th Aug
Q&As
Do you need a deed of release as well as a DS1 to release a legal charge over land?Generally speaking, a deed of release is not necessary in addition...
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Produced in partnership with James Hall of Gatehouse Chambers 10th Aug
Q&As
I noticed my client's security document was amended under hand not by deed. Is the amendment effective?There are many reasons why it might be...
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10th Aug
Q&As
Can you change the terms of a facility agreement over the phone or by email, or do you need an amendment agreement?STOP PRESS: On 16 May 2018 in the...
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Produced in partnership with Albert Sampson 10th Aug
Q&As
Is it possible to register a release of security at Companies House, where a charge has been granted in favour of two chargees in the same document...
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10th Aug
Q&As
Forms releasing security have been filed at Companies House by mistake. Is the security still valid and effective?It is not uncommon for forms...
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10th Aug
Q&As
I've just noticed that an executed document has the wrong date on it. What should I do?The first thing you need to do is insert the correct date in...
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10th Aug
Q&As
What is the process in terms of notifications to Companies House and or HM Land Registry where there is to be a partial release of security?How do I...
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10th Aug
Practice notes
Amending security documentsCoronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19) on...
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3rd Aug
Q&As
What factors should a lender consider if it is asked to waive a default under a loan agreement?This Q&A discusses the factors a lender will need to...
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Produced in partnership with Brian Cain 31st Jul
Q&As
My finance document has been executed, but one of the required signatories has signed in the wrong place. What should I do?A properly drafted finance...
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31st Jul

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