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Published byMarsha O’Brien’ Modified over 9 years ago
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IRRV EAST MIDLANDS ASSOCIATION 24 February 2010
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AGENDA NNDR and the likely insolvency processes Administration Liquidation Voluntary Arrangements Other Processes Questions
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NNDR NNDR and the likely insolvency processes
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ADMINISTRATION Rescue culture Process Moratorium Administrators powers and duty Exit procedures and Dividends
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CREDITORS VOLUNTARY LIQUIDATION Liquidation is a terminal procedure Directors decision Advising member = IP acts for the company Shareholder’s resolution S98 Meeting of creditors Directors Disqualification
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COMPULSORY LIQUIDATION Creditor petitions for the winding up The Court decides whether to wind up the company The Official Receiver becomes Liquidator The Official Receiver investigates A Liquidator is appointed if assets to sell or potential recoveries from investigations
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VOLUNTARY ARRANGEMENTS A contract with creditors
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THE PROCESS Debtor approaches IP IP = Nominee Draft proposals Application interim order Nominee reports to Court Calls creditors meeting
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CREDITORS MEETING 10.00am to 4.00pm business day CLEAR 14 days notice Proxy lodged up to voting at meeting Adjourn any number of times, up to 14 days (if no agreement = rejection) Modify the proposal
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OTHER INSOLVENCY PROCESSES
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Administrative Receivership Members Voluntary Liquidation (solvent liquidation) Court Appointed Receiver Provisional Liquidation LPA Receiver
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LPA RECEIVERSHIPS Appointment Process Duty of Receiver - NNDR/CTAX Recovery Action
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DISCLAIMING LEASES AND COSTS Liquidator Administration and leases Goldacre v Re Atlantic Computer
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PHOENIX What can you do? Section 216 Notice Director breaching their duty Dissolved company with ongoing liabilities
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QUESTIONS?
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CONTACT DETAILS STEVE ILLES Head of Courtwork Client Services 55 Baker Street London 020 7893 2279 07968 533443 steve.illes@bdo.co.uk
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