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

an express term and an implied term, What is the difference between an exp...

What is the difference between an express term and an implied term? Provide me with an example of each.

Casual appointments - company management, Casual Appointments:  Articl...

Casual Appointments:  Article 95 permits the board of directors to fill a vacancy in the board or to get an additional director to join the board for practical reasons provide

International bank operating in an international market, Question: (a) ...

Question: (a) Describe the various risks faced by an international bank operating in an international market, with emphasis on interest rates and market risks. (b) Show how

Reservation of name, Reservation of Name:                             ...

Reservation of Name:                             To obviate the risk of choosing a name that ultimately turns out to be undesirable, the promoters should enquire from the regi

Statutory companies, Statutory Companies: A statutory company is forme...

Statutory Companies: A statutory company is formed by a specific Act of Parliament, primarily as a means of conferring on it some powers which would not be available to it if

State article 29 of international law, State Article 29 of international la...

State Article 29 of international law Article 29 states that a member of a diplomatic mission enjoys immunity from arrest or prosecution.

Business Law and Ethics, A Black Firefighter alleges that each time he is t...

A Black Firefighter alleges that each time he is transferred from one fire station to another, he must take his bed with him, on orders of the fire chief. The chief defends on the

Foundations of law, Mr. D is a professional basketball player who orders so...

Mr. D is a professional basketball player who orders some shoes through the mail. The mail order house promises all customers delivery within 30 days of receiving the order. Mr. D'

Article 33 - pacific settlement of disputes, Article 33 - Pacific settlemen...

Article 33 - Pacific settlement of disputes Article 33 the meaning of Negotiation is the same as in domestic law. It is a preferred mode and third party intervention is not nee

International competition law, International Competition Law -  Select...

International Competition Law -  Select a specific industry or corporation and analyse the factors that determine a competitive or anticompetitive outcome; - Factors such a

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