Throwing in the Towel: Optimal Voluntary Liquidation of Distressed Assets

2012 ◽  
Author(s):  
James Peter Brotchie ◽  
Jamie Alcock ◽  
Stephen Gray
2005 ◽  
Vol 33 (3) ◽  
pp. 429-443 ◽  
Author(s):  
Fiona Tito Wheatland

Medical indemnity is not usually the stuff of high political and social drama in Australia. When the biggest medical defense organization went into voluntary liquidation in 2002, this all changed. Newspapers carried stories on an almost daily basis about the actual or possible negative impact of the “crisis” on doctors, hospitals, and communities. Doctors became increasingly vocal in their criticisms and expansive in their claims. Their political organization, the Australian Medical Association, lobbied powerfully and successfully for government intervention to address the problem of dramatically escalating premiums for some doctors. This, combined with a broader public relations campaign about public liability insurance, resulted in significant changes in the law at both the federal and state level - not just in the area of medical negligence but in relation to most personal injury litigation.The genesis of and reasons for current medical indemnity problems in Australia have been the subject of much speculation and little rigorous analysis.


Author(s):  
O.V. Harahonych

The article explores the problematic aspects of joint stock company liquidation. The essence and types of liquidation of joint stock companies have been analysed. The distinctive features of voluntary, compulsory and enforced liquidation of joint stock companies, as well as the liquidation of a bankrupt joint stock company and the liquidation on the basis of the law have been determined. The elements of the legal composition constituting the basis for the termination of joint stock companies by voluntary liquidation have been investigated. The complexity of the procedure of voluntary liquidation has been established. The expediency of introducing a simplified mechanism of voluntary liquidation has been substantiated. The main factors that hinder the liquidation of joint stock companies in Ukraine in the current context have been identified. The main problems of terminating joint stock companies through forced liquidation and the reasons for their emergence have been revealed. The main obstacles to compulsory liquidation of joint stock companies by judicial and administrative procedure have been elucidated. It has been ascertained that the current Ukrainian legislation on liquidation is still in its formative stage, characterized by inconsistencies, internal contradictions and fails to solve the main problem – a civilized exit of business entities, including joint stock companies, from the sphere of economic relations. Special emphasis is placed on researching the prospects for the development of legal regulation of relations connected with the liquidation of joint stock companies in the context of solving the revealed issues. It has been proposed as a priority step to address the problems of liquidation of joint stock companies by ensuring an adequate level of legal and regulatory regulation of the relations to terminate such organisations through liquidation. It has been reasoned that further research should be conducted into specific recommendations for solving the problems of JSC liquidation in order to consider them in the preparation of Draft No. 2493 for the second reading in the Supreme Council of Ukraine, as well as the systematisation of general rules on voluntary and compulsory liquidation in the Civil Code of Ukraine.


Author(s):  
Paweł Wnuczak

The aim of this article is to offer insight into a concept making it possible to assess the financial rationality of the voluntary liquidation of businesses. The author of the study presents a decision-making algorithm that should be applied before deciding to voluntarily liquidate a business entity. The algorithm is based on the concept of Value Based Management (VBM), and the related calculations have been performed following the basic rules of mathematical finance. The presented solution is also based on the calculation of free cash flow generated by an enterprise for its owners and on investigating the relationship between the said cash flow and the rate of return expected to be attained by the enterprise’s owners. Because no such models are given or discussed in the literature covering the subject matter, it appears that the proposed solution may become a valuable tool to improve the process of making a decision in the scope of voluntary liquidation of an enterprise.


2015 ◽  
Author(s):  
Jamie Alcock ◽  
James Peter Brotchie ◽  
Stephen Gray

1941 ◽  
Vol 35 (3) ◽  
pp. 528-539 ◽  
Author(s):  
Chitoshi Yanaga

After fifty years of experimentation in constitutional government, Japan finds herself today on the threshold of a new era of revolutionary changes. For the greater part of the past half-century, the Japanese political system functioned well. But in recent years many Western features have been found rather awkward and ill-fitting, if not actually obstructive. For some time now, the nation has been discarding many of the foreign trappings which once served so well, but are no longer worth preserving. This casting-off process has been gaining momentum steadily since 1933 and was greatly accelerated by the voluntary liquidation of political parties in July and August, 1940. Thus, a political renovation of a scope heretofore unknown is now in full swing with a new national structure rapidly taking form to meet the dynamic changes in all phases of the Empire's national life.


2011 ◽  
Vol 39 (4) ◽  
pp. 949-975 ◽  
Author(s):  
Sofie Balcaen ◽  
Sophie Manigart ◽  
Jozefien Buyze ◽  
Hubert Ooghe

2019 ◽  
Vol 8 (4) ◽  
pp. 7791-7797

Liquidation is a process of closing the business affairs of a company .It also means closing of all the business activities of a company .In certain circumstances if the company has been involved in illegal business then liquidation is made compulsory. The main reasons for Liquidation of a company is due to insolvency of a company , obsolescence of the products made by the company continuous losses or any other compelling reasons .As per Companies Act , 1956 liquidation of a company can be done in 3 ways , Compulsory liquidation ,Voluntary liquidation and winding up under the supervision of the court . The process of liquidation is done by the appointed liquidator who would look into the interests of the company , its members and its creditors. Compulsory liquidation is usually initiated by the creditors. The essentiality of winding up a company is to save the creditors and members from further losses and also distribution of assets and liabilities among the creditors and members.A company is liquidated when it is ascertained that the business is not in any state to continue. This may be due to various reasons such as insolvency unwillingness to carry on with the operations, etc. An empirical study is done where the samples are collected by using probability sampling and random sampling method. Samples of approximately 1512 respondents are collected . Using the spss tool the value of the chi square is found and the output of the research is that there is no significant association between the process of liquidation of company done by the liquidator and gender and there is a significant association between the compulsory liquidations initiated by the creditors as per court order and its concluded that most of the company undergo liquidation process in order to save the company from loss and also the money which is raised will be distributed to the creditors as well as the shareholders the liquidation process is done only when the business is not in any state to continue


Sign in / Sign up

Export Citation Format

Share Document