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

Balance sheet, Balance sheet: S.148(2) utilize the directors to prepar...

Balance sheet: S.148(2) utilize the directors to prepare and lay before the company in simple meeting a balance sheet as at the date to such that the profit and loss account,

State the legal consequences of an wrongful act, State the legal consequenc...

State the legal consequences of an wrongful act Article 28, 30 and 31 state the legal consequences of an internationally wrongful act. They are as follows:- Article 28: Lega

Invented case, a) Sometime in the mid 21st century the Jones-Markus experim...

a) Sometime in the mid 21st century the Jones-Markus experiment attempted to create a capuchin monkey with human intelligence. The experiment, however, outdid its intentions by se

General crossing - crossing on a cheque, General Crossing - Crossing on a C...

General Crossing - Crossing on a Cheque Section S.76 (1) since such provides about whenever a cheque bears across its face an addition of described below: The words such

Need for research design, Need for research Design: a. It facilities ...

Need for research Design: a. It facilities the smooth sailing of the various research operations thereby making research as efficient as possible yielding maximal inf

Holder or other holder in due course, Holder or Other Holder in Due Course ...

Holder or Other Holder in Due Course The holder of a bill of exchange who that does not come within the statutory definition of such a holder in due course holds that the bill

Explain economic and social council, Economic and Social Council The Ec...

Economic and Social Council The Economic and Social Council (ECOSOC) is a specialized organ of the United Nations and was established, inter alia, to monitor and regulate human

State article 16 of international law, State Article 16 of international la...

State Article 16 of international law Article 16, states that a newly independent State is not bound to maintain in force, or to become a party to, any treaty by reason only of

Capacity - element of contract, Capacity - Element of Contract Capac...

Capacity - Element of Contract Capacity to Contract However 'capacity' may be described like the legally documented right of a person to enter with a legally binding ag

Describe in detail about the term - policy makers, Describe in detail abou...

Describe in detail about the - policy makers Elections are used to choose the policy makers, it is not the only mechanism. Since the authority to make decisions may be vested i

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