Compulsory liquidation - winding up, Business Law and Ethics

Assignment Help:

Compulsory liquidation - winding up:

There are a number of points of similarity:

(a) in a compulsory (but not a voluntary) liquidation the directors have to submit a statement of affairs to the Official Receiver as provisional liquidator. If a receiver is appointed under a floating charge covering the company's undertaking as a whole he too is entitled to be given a statement of affairs.

(b) accountants who specialize in insolvency may be appointed as liquidators or as receivers (sometimes they combine these positions in the same company but professional opinion in the U.K. has hardened against this position since there can be difficult conflicts of interest to resolve between unsecured creditors and members on one side and secured creditors on the other);

(c) a receiver appointed under a floating charge is also manager of the business (or a manager is appointed to assist him). His function is to continue to carry on the business on a going concern basis. The liquidator's function is to sell the company's assets on the best terms he can get. As closure costs (redundancy payments to employees etc.) can be heavy a liquidator may decide to carry on the business with a view to selling it as a going concern. But this is only one of the alternatives open to him;

(d) neither liquidator nor receiver usually has the assets of the business vested in his legal ownership (though a liquidator may obtain a court order for assets to be vested in him under CA, s.240 - but this is not common). Both liquidator and receiver have control of the company's assets.


Related Discussions:- Compulsory liquidation - winding up

State article 14 of air and outer space law, State Article 14 of air and ou...

State Article 14 of air and outer space law Article 14 refers to the fact that each contracting State should agree to take effective measures to prevent the spread by means of

Define the name of tort, 1. Joe is walking down the street and Sue com...

1. Joe is walking down the street and Sue comes up behind Joe, aims a gun at him, but stops just before shooting. Joe did not know Sue was coming up behind him.

Acceptance - element of contract, Acceptance - Element of Contract Howev...

Acceptance - Element of Contract However this is the external manifestation about assent through the offeree.  Regarding to acceptance an agreement comes with existence between

Discuss the importance of media, Discuss the importance of Media Media ...

Discuss the importance of Media Media are important to agenda setting in two general ways: First by constructing and conveying simplified and often symbolic understandings of p

Liability of maker of a promissory, Liability of Maker of a Promissory ...

Liability of Maker of a Promissory Conversely S.89 provides such with the maker of a promissory notice through making it: like (a) Engages such he will pay it according to

State the advantage of the information on the legislature, Advantage of the...

Advantage of the information on the legislature The main result was that voters take advantage of the information on the legislature - executive trade-offs in policy process. W

Warrantless arrest law, The "search incident" exception authorizes a search...

The "search incident" exception authorizes a search of the arrestee's person, including examination of personal articles such as wallets, purses, or other items, as well as the are

On which convention international humanitarian law is based, On which conve...

On which convention International humanitarian law is based International humanitarian law  is  not  wholly  based  on  the  Geneva  Convention and  Hague convention. These law

Stolen goods - sales of goods, Stolen Goods - Sales of Goods Where goo...

Stolen Goods - Sales of Goods Where goods have been stolen and had been the thief has been prosecuted and convicted, such the property in the goods revests in like original ow

How will you plan to establish your own business, (a) How will you plan to ...

(a) How will you plan to establish your own business? (b) What are the merits and demerits in owning a business? (c) What are the aspects you have to think in establishing an

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd