Proceedings for compulsory liquidation, Business Law and Ethics

Assignment Help:

Proceedings for Compulsory Liquidation:

When the petition is presented to the court a copy is delivered to the company in case it objects, and it is advertised so that other creditors may intervene if they wish.  At the hearing, a creditor whose debt is unpaid is likely to secure an order for compulsory liquidation (as his remedy of last resort) unless the company (paragraph 8) or opposing creditors (paragraph 9) persuade the court to dismiss the petition.                                     

  If the petition is presented by a member (contributory) he must show (in addition to suitable grounds for compulsory liquidation) that:

(a) the company is solvent or alternatively refuses to supply information of its financial position.  The court will not order compulsory liquidation on a member's petition if he has nothing to gain from it.  If the company is insolvent he would receive nothing since the creditors then take all the assets;

(b) he has been a registered shareholder for at least six of the 18 months up to the date of his petition.  But this rule is not applied if the petitioner acquired his shares by allotment direct from the company or by inheritance from a deceased member or if the petition is based on the number of members having fallen below two: CA s.221.

A personal representative of a deceased shareholder may petition but he must first obtain a grant of probate etc. to establish his authority to represent the estate: CA, s.216.  The trustee in bankruptcy of a bankrupt contributory may also petition on his behalf: CA, s.217.


Related Discussions:- Proceedings for compulsory liquidation

What are the limitations imposed on banks by the banking act, QUESTION 1 ...

QUESTION 1 (a) Under which circumstances can banking information on customers be disclosed and at the same time not breaching the confidentiality clause of the Banking Act (

Proceedings for compulsory liquidation, Proceedings for Compulsory Liquidat...

Proceedings for Compulsory Liquidation: When the petition is presented to the court a copy is delivered to the company in case it objects, and it is advertised so that other

Claims and create a decision , 1. Each country in the world is a member of ...

1. Each country in the world is a member of the World Trade Organization (WTO). 2. A federal court of the United States and a state court can both "hear," i.e., listen to the cl

Summary of the international humanitarian laws, Summary of the internationa...

Summary of the international humanitarian laws The main objectives/summary of the international humanitarian laws can be divided into a few parts which are as follows: D

Explain the term - policy change, Explain the term - Policy change The ...

Explain the term - Policy change The role of the policy entrepreneur has several implications for our understanding of the policy process. While social scientists often look to

Teleological ethical theories, Star Club is a casino established in mid-eig...

Star Club is a casino established in mid-eighties in Sri Lanka. Since it is in the business for more than 25 years it is famous among local and foreign gamblers. John has been work

Which was the first global treaty, Which was the first global treaty T...

Which was the first global treaty The IAEA was the first global treaty regulating and facilitating the trade of nuclear technology through its provisions. Within the framework

Nemo dat quod non habet - sales of goods, Nemo Dat Quod Non Habet - Goods ...

Nemo Dat Quod Non Habet - Goods Therefore another common law maxim such applies to sale of goods is like "nemo dat quod non habet": whether a person cannot give such he does

Proof of debts, PROOF OF DEBTS:                                       ...

PROOF OF DEBTS:                                       Many of the rules of bankruptcy apply to the discharge of the company's debts: s.310.  The liquidator must obviously requ

Compare the different legal and procedural approaches, Direct Deliveries Li...

Direct Deliveries Limited (DDL). which is a company that specialises in selling a variety of goods to small independent retailers has grown quickly in the last three years.

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