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

Obligations of the employer and the employee, Question 1: Constructive ...

Question 1: Constructive dismissal is inherently different from dismissal in the sense that it is the employee who necessarily takes the initiative in considering the contract

Promotion, Promotion: A company comes into existence from the moment o...

Promotion: A company comes into existence from the moment of its registration by the registrar of companies. However, the  registration is preceded by what is called "promotio

"detriment" as consideration, "Detriment" as consideration  An example...

"Detriment" as consideration  An example of a 'detriment' that will legally suffice like the consideration for a promise is provided with the case of Carlill v. Carbolic Smoke

Who are the persons to whom administrative law apply, Question 1: Trace...

Question 1: Trace the development of administrative law in the English legal system from its questioned beginning to the present day. What recognition is it being given today i

Void contracts, Void Contracts - Law of Contract However these are con...

Void Contracts - Law of Contract However these are contracts which the law treats as non-existent.  Thus as a general rule illegal contract is only void although not certain r

Stare decisis and its application by us courts, Stare Decisis and Its Appli...

Stare Decisis and Its Application by US Courts However there is so far no case decided through the US Court of Appeal regarding the application of "stare Decisis" through US C

What is the effect of smuggling and distribution of drugs, What is the effe...

What is the effect of smuggling and distribution of drugs International Criminal Law does not refer to the traditional crimes like murder and theft. A crime of an international

Winding-up, Winding-Up:    (a) A company is dissolved, i.e. ceases t...

Winding-Up:    (a) A company is dissolved, i.e. ceases to exist, when its name is removed from the register.  It is usually necessary, before it can be dissolved, to liquida

What is the way of acquiring rights over a territory, What is the way of ac...

What is the way of acquiring rights over a territory The way of acquiring rights over a territory is adjudication . It is a process in which the States consult an internation

Contributions of equity, Contributions of Equity Contributions of Equi...

Contributions of Equity Contributions of Equity as: Developed the so called maxims of equity and Provided additional remedies and Provided for the discovery of

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