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

Indicator based definition of phoenix activity, Q. Indicator based definiti...

Q. Indicator based definition of phoenix activity? Many stakeholders emphasised the importance of educating the community about the signs or indicators of phoenix activity. A d

Statutory form, Statutory Form:                    Section 14 of the A...

Statutory Form:                    Section 14 of the Act provides that the form of the  Memorandum of Association of a company limited by shares shall be in accordance with th

The employment rights act (eria) provides a prescribed form, QUESTION (...

QUESTION (a) Under the UTM Regulations, an unsatisfied student can entertain an academic appeal within 10 days from the date he gets his result. X gets his result on the 3rd of

Exceptions - authority of partners, Exceptions - Authority of Partners ...

Exceptions - Authority of Partners The rule stated is a general rule, such there are a few exceptions for it.  Hence the chief of these exceptions are as follow: like; (a)

Liabilities in respect of prospectuses, Liabilities In Respect Of Prospectu...

Liabilities In Respect Of Prospectuses:                             1. CRIMINAL LIABILITIES i) Issuing a form of application unaccompanied by a full prospectus: a fine not

Companys objects, Companys objects: A company's objects are stated pur...

Companys objects: A company's objects are stated pursuant to the provisions of an Act of Parliament. It must therefore be deduced, for example, that a company whose object has

State the linkages among policy research and policy decision, State the lin...

State the linkages between policy research and policy decisions The linkages between policy research and analysis and policy decisions are complex and, often, problematic but t

Valid but irregular allotments -allotment of shares , Valid But Irregular A...

Valid But Irregular Allotments: An allotment of shares is valid but irregular under S.52 (3) if it was made before the time of the opening of the subscription lists. The secti

Explain the term recognition, Explain the term RECOGNITION RECOGNITION...

Explain the term RECOGNITION RECOGNITION The term Recognition under international law means and involves the acceptance or acknowledgment of the existence by a State of 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