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

Statutory report - meetings and resolutions, Statutory report - meetings an...

Statutory report - meetings and resolutions: Contents of the statutory report.  Section 130(3) provides that the statutory report shall be certified by not less than two direc

Act defined a traffic indication, Act defined a traffic indication: Ho...

Act defined a traffic indication: However in EVANS v CROSS, Evans was charged by ignoring namely, a traffic sign, a white line painted in the middle of a road, whether overtak

State the theory of international antitrust, State the theory of internatio...

State the theory of international antitrust A fourth approach is the allocation of jurisdiction over conduct with multijurisdictional effects to one agency by another agency th

Dismiss a worker for misconduct, Question 1: What are the procedures t...

Question 1: What are the procedures that an employer should follow before he will dismiss a worker for misconduct? Question 2: Section 39 of the Labour Act provides fo

Differences between cheques and other bills of exchange, Differences Betwee...

Differences Between Cheques And Other Bills of Exchange However the following are some of such the differences between like cheques and such other bills of exchange: like;

Procedure - court of appeal, Procedure - Court of Appeal Conversely th...

Procedure - Court of Appeal Conversely the practice and the procedure of the Court of Appeal are regulated through Rules of Court made through the Rules Committee constituted

What is meant by the supremacy of parliament, Question: (a) Define dem...

Question: (a) Define democracy. How far is the famous saying of former president of USA, Abraham Lincoln valid today? (b) Argue the case for and against the introduction

Explain the white paper of parliamentary procedures, Explain the white pape...

Explain the white paper of parliamentary procedures. White Paper: It sets out the intention of the legislation and takes in account comments which have been received onto

Explain about the general assembly of united nations, Explain about the gen...

Explain about the general assembly of United Nations. The General Assembly: The General Assembly is the major deliberative organ of the United Nations. This is composed o

Analyze the basic ethical values for business, Question: (a) Ethics i...

Question: (a) Ethics is the set of moral principles by which people conduct themselves personally, socially, or professionally. Critically analyze the basic ethical values

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