Law of Administrators & Receivers of Companies 5th ed
|Book||Law of Administrators & Receivers of Companies 5th ed||25/01/2012||9780414045361||$389.60|
This work is widely accepted as an authority on the law relating to administrators and receivers, and as such is essential for dealing with corporate insolvency matters. The fifth edition continues to explain clearly the principles, legislation and case law shaping daily practice and highlights recent developments in this area. It deals with the changes on insolvency-related measures in the Tribunals, Courts and Enforcement Act 2007 and Companies Act 2006, in force from 2009, extensive alterations to the Insolvency Rules, the Banking Act 2009, and important cases such as Innovate Logistics v Sunberry Properties, Re Delberry Ltd, and Re Stanford International Bank Ltd.
- The Law of Administrators and Receivers of Companies:
- Goes through procedure for appointment of receivers and administrators
- Sets out duties and liabilities of receivers and administrators
- Deals with continuation of trading, disposals and reorganisations, liquidation and receivership
- Considers issues relating to taxation, leases, set-off and liens, pensions and employees
- Covers the position of bankers and creditors
- Addresses the removal, resignation, termination and discharge of directors
- Examines the case law generated under the completely new insolvency regime in the United Kingdom.
Jurisdiction: United Kingdom
New and updated in the fifth edition:
- Introduction of the Legislative Reform (Insolvency) Order (Miscellaneous Provisions) Order 2010 which amends the Insolvency Act 1986 and the Insolvency (Amendment) Rules 2010
- Takes full account of the major developments in cross-border matters, both at common law and also under European Insolvency Regulations and UNCITRAL Model Law
- Covers key cases such as the decision of the House of Lords in the HIH case; Privy Council in the Cambridge Gas case, and those of the Court of Appeal in the Stanford and Rubin case
- Procedures for fixed and floating charges, expenses and taxation
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Table of Contents
- Introductory matters: Introduction; The Company in Financial Trouble.
- Matters affecting choice of procedure: Fixed and Floating Charges; Expenses; Taxation.
- Commencement: Appointment of Administrators; Appointment of Receivers Out of Court; Office-Holders.
- Conduct of proceedings: Administrators and the Statutory Stay; Continuation of Trading; Disposals/Conveyances and Transfers; Duties and Liabilities of Administrators; Duties and Liabilities of Receivers and their Appointers Part I, Part II and Part III; Receivers and Unsecured Creditors; Receivers and Winding-Up; Employees; Pensions; Leases; Rates; Trusts; Retention of Title; Set-off; Liens; Bankers; Construction Contracts; Environmental Law.
- Closure: Distribution and Vacation of Office by Administrators; Distribution and Vacation of Office by Receivers.
- Court appointed receivership: Receivers Appointed by the Court.
- Cross-border insolvency: Conflict of Laws; The EC Regulation on Insolvency Proceedings; The UNCITRAL Model Law.