Already have an account? Get multiple benefits of using own account!
Login in your account..!
Remember me
Don't have an account? Create your account in less than a minutes,
Forgot password? how can I recover my password now!
Enter right registered email to receive password!
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.
Self-Control : Most entrepreneurs believe they can do the job better than anyone else and will strive for maximum responsibility and accountability. An entrepreneur needs to maint
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 contrac
Eagle Sales Company owns a warehouse, subject to a mortgage obtained from First National Bank. Separately, Eagle and First National obtain insurance policies from Good Hands Insura
Creditors meeting - winding up: The creditors' meeting is convened for the same day at a later time than the members' meeting or it is held the following day. One of the dire
The Laws of Contract DSL Limited decide to buy a ferry on operate it between CMI and Downtown, Kingston. They did not have enough money to buy the vessel, so they borrow some from
Disadvantage of a scheme of arrangement: The disadvantage of a scheme of arrangement is that it requires the preparation of elaborate documents and the observance of a strict
State the Definition of equilibrium The approach of equilibrium refinements aims at strengthening the definition of equilibrium itself in order to purge others out as possible
QUESTION 1 Discuss the position in UK with respect to the Capital Maintenance Doctrine. QUESTION 2 (i) What are the essential requirements of a valid Asset Protection T
Question 1: (a) Who is a director of a company and describe how he may be appointed. (b) What are the duties owed by directors under the Companies Act 2001? Question 2
DISCLAIMER OF ASSETS: The liquidator has a statutory right of disclaimer of assets: s.135. The rules are: (a) he must obtain leave of the court; (b) the right o
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!
whatsapp: +91-977-207-8620
Phone: +91-977-207-8620
Email: [email protected]
All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd