Statutory power - mergers and winding up, Business Law and Ethics

Assignment Help:

Statutory power - mergers and winding up:

It is usual to proceed under s.207 as there are technical difficulties over s.300 procedure.  The liquidator's powers to reach a compromise with creditors are restricted to cases where all creditors (of the same class) are treated alike, e.g. a uniform payment of Shs.15 in 1 pound to be accepted in full settlement.  But if their rights are to be varied a scheme of arrangement is required, i.e. s.207 is the correct procedure.

                                      CASE:  RE TRIX (1970)

A liquidator proposed to distribute assets to creditors otherwise than in accordance with their rights.  He applied to the court under s.241 for its approval of the exercise of his statutory power of compromise.

He explained that a scheme of arrangement under s.207 would entail heavy expense which would deprive creditors of any advantage which that method might confer.  Non-ascending creditors objected.

Held:

S.207 gives to creditors a right to state their objections to the court and the court may then in its discretion decide whether to approve the scheme.  They would be unfair deprived of that opportunity under the more summary procedure of s.241.  The liquidator's application for approval was rejected.


Related Discussions:- Statutory power - mergers and winding up

Loans given for necessaries - void contracts, Loans Given for Necessaries -...

Loans Given for Necessaries - Void Contracts       It may happen that an infant asks someone to a loan for buy necessaries like school uniforms or textbooks.  Therefore the per

Payment of underwriting commission - allotment of shares, Payment of Underw...

Payment of Underwriting Commission: A "commission" is defined by Osborn's Concise Law Dictionary as, inter alia "an agent's remuneration". Therefore purposes of company law, i

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

Describe the law making process, Question 1: Discuss what types of norm...

Question 1: Discuss what types of norms can be used to help judges in their interpretation of statutes. Question 2: Discuss the concepts of originalism and dynamism in

When was international atomic energy agency established, Explain Internatio...

Explain International Atomic Energy Agency The  NPT  also  creates  rights and  obligations on  the  members of  NPT  to  comply  with  the provisions of the treaty and to ensu

Explain united nations general assembly, Explain United Nations General Ass...

Explain United Nations General Assembly A treaty may also be referred to as a Convention, Protocol, Agreement and Declaration. There are no legal reasons for using different na

Wbp, what is wbp? and its danger and benefits ? components of wbp?

what is wbp? and its danger and benefits ? components of wbp?

State the term - policy coordination, Policy coordination Policy coord...

Policy coordination Policy coordination occurs when countries agree to pursue policies intended to promote the welfare of all nations involved in the agreement. Spillover effe

Offer and iit , difference b/w offer and ITT AND PAKISTANI CASES OF AUCTION...

difference b/w offer and ITT AND PAKISTANI CASES OF AUCTION ,ADVERTISMENT,TENDERS AND DISPLAY OF GOODS?

Personal rights invaded - statutory provisions, Personal rights invaded: ...

Personal rights invaded:                    A shareholder may sue to protect from invasion their own individual rights as members.  This is illustrated by Pender v Lushington

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