Differences members and creditors voluntary wind up, Business Law and Ethics

Assignment Help:

Differences members and creditors voluntary wind up:

main differences between a members' and a creditors' voluntary winding up are that:

(a) in a creditors' voluntary winding up the liquidator, although responsible to members as well as creditors, is selected by the creditors.  In a members' voluntary winding up he is appointed by the members;

(b) in a creditors' voluntary winding up the liquidator must obtain the approval (usually) of the committee of inspection for the exercise of certain statutory powers.  In a members' voluntary winding up he obtains approval from the members in general meeting;

(c) there is a committee of inspection in a creditors' voluntary winding up with up to five members, a majority of whom being appointed by the creditors: s.288(1).  There is no committee in a members' voluntary winding up.

The effect is that the creditors have a decisive influence on the conduct of the liquidation.  This is reasonable since it is assumed (in the absence of a statutory declaration of solvency) that the company is unable to pay its debts in full.  The remaining assets will therefore be realized for the benefit of the creditors and the members get nothing (unless the company proves to be solvent after all).

Meetings are held in the same sequence as in a members' voluntary winding up but the meetings of creditors are called at the same intervals as the meetings of members and for similar purposes.


Related Discussions:- Differences members and creditors voluntary wind up

Regulations regarding electricity, REGULATIONS REGARDING ELECTRICITY : You...

REGULATIONS REGARDING ELECTRICITY : You are aware that electricity is the most common and convenient source of power. You know that carelessness in handling or maintenance of elec

Provisions of the employment relations act, Francis is the newly elected ...

Francis is the newly elected chairperson of Boat House Services Union (BHSU) which represents 70% of workers at Boat House Services Ltd. BHSU is registered and holds a registra

Rules for partnership - partnership law, Rules for Partnership - Partnershi...

Rules for Partnership - Partnership Law Joint tenancy, as such tenancy in common then joint property or common property and may part ownership does not of itself produce a

Arbitration is overriding condition in business contracts, QUESTION 1 A...

QUESTION 1 Arbitration is an overriding condition in all business contracts. Without a clause for arbitration business relationship is bound to suffer. Critically examine this

Illustrate the example for policy convergence, Illustrate the example for P...

Illustrate the example for Policy Convergence Suppose there are two candidates, with known positions, policy proposal p A and policy proposal p B , representing policy offers

Rights of co-guarantors, Rights of co-guarantors among themselves A guar...

Rights of co-guarantors among themselves A guarantor who that has paid more than his share below the guarantee is entitled such to contribution from his co-guarantors, although

Exceptions to the rule in foss v harbottle, Exceptions to the rule in Foss ...

Exceptions to the rule in Foss v Harbottle:  According to Professor Wedderburn, the so-called exceptions are essentially no exceptions at all.  They appear to be circumstances

Intellectual property right, Read the newspaper report from  The Internatio...

Read the newspaper report from  The International Herald Tribune, starting on page  2 of this assignment, and answer the following questions:  1. What is the general notion behi

Define the term - social attainment and economic growth, Define the term - ...

Define the term - social attainment and economic growth Many problems can also be seen either as private problem for those who experience them or as public policy failures that

Find the best arguments to oppose the objections, This is a felon in posses...

This is a felon in possession of a firearm case. The defendant and his wife were involved in an argument. The argument became heated enough that the wife called the police through

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