20. Company insolvency and liquidation

2019 ◽  
pp. 683-756
Author(s):  
Derek French
Keyword(s):  
Legal Principles ◽  
Wrongful Trading ◽  
A Company ◽  
Company Insolvency

This chapter deals with procedures and legislation governing the insolvency and liquidation of a company and who are qualified as insolvency practitioners. It discusses insolvency procedures such as administration, voluntary arrangement, creditors’ voluntary winding up, winding up by the court and the appointment of a provisional liquidator. It considers the effect of insolvency and liquidation procedures on floating charges, court control of insolvency and liquidation procedures, and liability for fraudulent trading and wrongful trading. The legal principles underlying disqualification orders against a company’s directors, the use of an insolvent company’s name, the order of the application of assets in liquidation and the dissolution of a company are also examined.

20. Company insolvency and liquidation

2018 ◽  
Author(s):  
Derek French
Keyword(s):  
Legal Principles ◽  
Wrongful Trading ◽  
A Company ◽  
Company Insolvency

This chapter deals with procedures and legislation governing the insolvency and liquidation of a company and who are qualified as insolvency practitioners. It discusses insolvency procedures such as administration, voluntary arrangement, creditors’ voluntary winding up, winding up by the court and the appointment of a provisional liquidator. It considers the effect of insolvency and liquidation procedures on floating charges, court control of insolvency and liquidation procedures, and liability for fraudulent trading and wrongful trading. The legal principles underlying disqualification orders against a company’s directors, the use of an insolvent company’s name, the order of the application of assets in liquidation and the dissolution of a company are also examined.

20. Company insolvency and liquidation

2017 ◽  
Author(s):  
Derek French
Keyword(s):  
Legal Principles ◽  
Wrongful Trading ◽  
A Company ◽  
Company Insolvency

This chapter deals with procedures and legislation governing the insolvency and liquidation of a company and who are qualified as insolvency practitioners. It first discusses insolvency procedures such as administrative receivership, administration, voluntary arrangement, creditors’ voluntary winding up, winding up by the court and the appointment of a provisional liquidator. It then considers the effect of insolvency and liquidation procedures on floating charges, court control of insolvency and liquidation procedures and liability for wrongful trading. The legal principles underlying disqualification orders against a company’s directors, the use of an insolvent company’s name, the order of the application of assets in liquidation and the dissolution of a company are also examined.

20. Company insolvency and liquidation

2016 ◽  
Author(s):  
Derek French ◽  
Stephen W. Mayson ◽  
Christopher L. Ryan
Keyword(s):  
Legal Principles ◽  
Wrongful Trading ◽  
A Company ◽  
Company Insolvency

This chapter deals with procedures and legislation governing the insolvency and liquidation of a company and who are qualified as insolvency practitioners. It first discusses insolvency procedures such as administrative receivership, administration, voluntary arrangement, creditors’ voluntary winding up, winding up by the court, and the appointment of a provisional liquidator. It then considers the effect of insolvency and liquidation procedures on floating charges, court control of insolvency and liquidation procedures, and liability for wrongful trading. The legal principles underlying disqualification orders against a company’s directors, the use of an insolvent company’s name, the order of the application of assets in liquidation, and the dissolution of a company are also examined.

20. Company insolvency and liquidation

2021 ◽  
pp. 679-752
Author(s):  
Derek French
Keyword(s):  
Legal Principles ◽  
Wrongful Trading ◽  
A Company ◽  
Company Insolvency

This chapter deals with procedures and legislation governing the insolvency and liquidation of a company and who are qualified as insolvency practitioners. It discusses insolvency procedures such as administration, voluntary arrangement, creditors’ voluntary winding up, winding up by the court and the appointment of a provisional liquidator. It considers the effect of insolvency and liquidation procedures on floating charges, court control of insolvency and liquidation procedures, and liability for fraudulent trading and wrongful trading. The legal principles underlying disqualification orders against a company’s directors, the use of an insolvent company’s name, the order of the application of assets in liquidation and the dissolution of a company are also examined.

25. Company insolvency proceedings

2019 ◽  
pp. 251-270
Author(s):  
J. Scott Slorach ◽  
Jason Ellis
Keyword(s):  
Financial Difficulties ◽  
The Law ◽  
Insolvency Proceedings ◽  
A Company ◽  
Company Insolvency

This chapter deals with the procedures available when a company is insolvent or facing financial difficulties. It also considers the ways in which insolvent partnerships can be subject to the same procedures as companies. The law relating to these matters is principally contained in the Insolvency Act 1986 (IA 1986) together with the Insolvency Rules 1986, as amended by the Insolvency Act 2000 and the Enterprise Act 2002. The insolvency legislation provides four procedures for companies in financial difficulties: administration, voluntary arrangement, receivership, and liquidation.

25. Company insolvency proceedings

2018 ◽  
Author(s):  
J. Scott Slorach ◽  
Jason Ellis
Keyword(s):  
Financial Difficulties ◽  
The Law ◽  
Insolvency Proceedings ◽  
A Company ◽  
Company Insolvency

This chapter deals with the procedures available when a company is insolvent or facing financial difficulties. It also considers the ways in which insolvent partnerships can be subject to the same procedures as companies. The law relating to these matters is principally contained in the Insolvency Act 1986 (IA 1986) together with the Insolvency Rules 1986, as amended by the Insolvency Act 2000 and the Enterprise Act 2002. The insolvency legislation provides four procedures for companies in financial difficulties: administration, voluntary arrangement, receivership, and liquidation.

25. Company insolvency proceedings

2017 ◽  
Author(s):  
J. Scott Slorach ◽  
Jason Ellis
Keyword(s):  
Financial Difficulties ◽  
The Law ◽  
Insolvency Proceedings ◽  
A Company ◽  
Company Insolvency

This chapter deals with the procedures available when a company is insolvent or facing financial difficulties. It also considers the ways in which insolvent partnerships can be subject to the same procedures as companies. The law relating to these matters is principally contained in the Insolvency Act 1986 (IA 1986) together with the Insolvency Rules 1986, as amended by the Insolvency Act 2000 and the Enterprise Act 2002. The insolvency legislation provides four procedures for companies in financial difficulties: administration, voluntary arrangement, receivership, and liquidation.

25. Company insolvency proceedings

Business Law ◽  
2021 ◽  
pp. 249-270
Author(s):  
J. Scott Slorach ◽  
Jason Ellis
Keyword(s):  
Financial Difficulties ◽  
The Law ◽  
Insolvency Proceedings ◽  
A Company ◽  
Company Insolvency

This chapter deals with the procedures available when a company is insolvent or facing financial difficulties. It also considers the ways in which insolvent partnerships can be subject to the same procedures as companies. The law relating to these matters is principally contained in the Insolvency Act 1986 together with the Insolvency Rules 1986, as amended by the Insolvency Act 2000 and the Enterprise Act 2002. The insolvency legislation provides four procedures for companies in financial difficulties: administration, voluntary arrangement, receivership, and liquidation.

25. Company insolvency proceedings

2020 ◽  
pp. 249-268
Author(s):  
J. Scott Slorach ◽  
Jason Ellis
Keyword(s):  
Financial Difficulties ◽  
The Law ◽  
Insolvency Proceedings ◽  
A Company ◽  
Company Insolvency

This chapter deals with the procedures available when a company is insolvent or facing financial difficulties. It also considers the ways in which insolvent partnerships can be subject to the same procedures as companies. The law relating to these matters is principally contained in the Insolvency Act 1986 together with the Insolvency Rules 1986, as amended by the Insolvency Act 2000 and the Enterprise Act 2002. The insolvency legislation provides four procedures for companies in financial difficulties: administration, voluntary arrangement, receivership, and liquidation.

scholarly journals Making sense of the disclosure of latent defects in financial statements and company acquisition contracts

2011 ◽  
Vol 13 (1) ◽  
pp. 76-84
Author(s):  
Cornelius Killian
Keyword(s):  
South African ◽  
Financial Statements ◽  
The South ◽  
Legal Principles ◽  
Appeal Court ◽  
Making Sense ◽  
Court Judge ◽  
Latent Defects ◽  
Legal Nature ◽  
A Company

This paper analyses the statement made by the South African Appeal Court Judge Holmes in the Phame v Paizes (1973) case and, using economic and unique South African legal principles, it examines the true legal nature of a contract to regulate company acquisitions.1 Two solutions are offered for financial managers in South Africa: (1) the contract to regulate company acquisitions is a forward contract and (2) the difficulty in identifying latent defects should not be grounds for reducing the price paid for a company or enterprise in the South African legal system.

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