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Company Rescue and Liquidation
Company Rescue and Liquidation
3rd Edition
Series:  Insolvency Practitioner Series
Practice Area:  Insolvency
ISBN:  9780414028692
Published by:  Sweet & Maxwell
Publication Date:  12 Nov 2013
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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Company Liquidation is a practical, user friendly guide structured around the procedures involved in liquidating a company. It provides a step-by-step guide to winding-up, dealing with receivership, CVA and administration.


The new 3rd edition includes complete analysis of the provisions of the Companies Act 2006 now fully in force and incorporates wide-ranging case law and insolvency legislation.

  • Brings you up to date with insolvency legislation, case law and practice developments in liquidation, corporate voluntary arrangements, administrations and administrative receivership
  • Provides a detailed map of the business rescue processes with updated commentary from the latest cases, and practice memoranda
  • Offers a thorough introduction to the working requirements of everyday liquidations, taking you through the initial stages and through the court process
  • Discusses the commercial effects of liquidation and the various roles of and clashes between the interested parties
  • Updated examination of all important insolvency principles and institutions– equal treatment of creditors, avoidance of antecedent transactions, floating charges and many others and how the tensions and inconsistencies between them have been resolved
  • Covers the evolution of the idea of the rescue culture and the extent to which it has been put into practice by the legislature and how it has been received by the courts, practitioners, creditors and debtors
  • Examines the public dimension of the insolvency system - including the insolvency profession, corporate investigations, tax in insolvency and the civil liability of company directors, and others involved in the management of failed companies including a detailed examination of the case law relating to fraudulent and wrongful trading
  • Discusses the development of pre-packaged insolvencies
  • Covers in detail the European Community Regulation on Insolvency Proceedings, the UNCITRAL Model Law and other legislative and case law developments in international and cross border insolvency
CONTENTS

Part I –Saving the Company

  • Company Voluntary Arrangements
  • Administration
  • Receivership and Administrative Receivership

Part II – Liquidating the Company

  • Winding up: In General
         - The Regimes
         - Which Companies Can be Wound Up?
         - The Jurisdiction of the Court
         - The Purpose and Procedure of Liquidation
         - Commencement of Liquidation
         - Court Procedure and Practice
  • Voluntary Winding up: To the First Creditors’ Meeting
         - Members’ Voluntary Winding Up
         - Creditors’ Voluntary Winding Up
         - Voluntary Winding Up and the Power of the Directors
  • Compulsory Winding up: To the Appointment of the Liquidator
        - Grounds
        - The Petitioner
        - The Petition
        - The Hearing
        - From Winding up to Appointment of the Liquidator
  • The Conduct of the Liquidation
        - Introduction
        - Meetings of Creditors and Contributories
        - Role of the Liquidation Committee
        - Recovery and Protection of the Property
        - Proof of Debts
        - Distribution of the Assets
        - Dissolution of the Company
  • The Liquidator: Appointment and Remuneration
        - Introduction
        - The Appointment of the Liquidator
        - The Liquidator’s Remuneration
        - Termination of the Liquidator’s Appointment
        - The Release of the Liquidator
  • The Liquidator: Functions
        - Introduction
        - The Liquidator’s Powers
        - The Liquidator’s Duties
  • The Effects of Winding up
        - Introduction
       - The Personality and Property of the Company
       - The Directors
       - The Employees
       - Contracts in General
  • Contributories and Creditors
       - Contributories
       - Creditors
  • Avoiding Antecedent Transactions
      - Introduction
      - The Insolvency Acts
      - Person Connected with the Company
      - Transactions Defrauding Creditors
      - Conclusion

Part III – The Public Dimension

  •   Investigations
     - Investigation Procedures
     - Public Examination
     - The Private Examination
  • Proceedings Against the Directors
      - Introduction
      - Fraudulent Trading
      - Wrongful Trading
      - Procedure
      - Restrictions and Disqualifications
  • Insolvency Practitioners
    - Qualification and Authorisation of Insolvency Practitioners
  • Crossing Borders and International Insolvency
    - The European Union Regulation on Insolvency Proceedings
    - The UNCITRAL Model Law
    - UK Legislation
  • Tax in a Liquidation
    - General Introduction
    - General Effect of the Commencement of a Liquidation on Tax Liabilities
    - Tax Liabilities for Periods Prior to Commencement of Liquidation
    - Tax Liabilities Arising on Transactions during the Liquidation Period
    - Interest on Overdue Tax
    - Crown Right of Set Off
    - Agreeing Tax Liabilities for Accounting Periods Prior to Commencement of Liquidation
    - Computation of Tax Liabilities Arising on Transactions after the Commencement of Liquidation
    - Implications of Running down a Business and Ceasing to Trade
    - Implications of the Commencement of Liquidation for Groups of Companies
    - Close Companies
    - Points to Consider where a Receiver has been appointed
    - Tax Planning before Liquidation
    - Shareholders in a Liquidation
    - Value Added Tax
    - PAYE and National Insurance Contributions
  • Appendix: Relevant Forms
  • Case Table
  • Legislation Finding List
  • Index
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