Applications to Wind up Companies, Fourth Edition

Overview:

• The only book on company winding up that discusses asking a court to wind up businesses and other similar entities.
• Includes points of law on procedural concerns including how to deal with a certain type of application.
• includes entities such as foreign businesses and bankrupt partnerships that are not companies registered under the Companies Acts.
• gives petitions filed on behalf of contributors (shareholders), creditors, and the public interest equal consideration.
• judgments in England and Scotland, Ireland, Bermuda, Cayman Islands, Virgin Islands, Malaysia, and Hong Kong have cited it as an authority.
• includes the law of Ireland and the Commonwealth.

New to this Edition:

• Coverage of the amended procedural rules in the Insolvency (England and Wales) Rules 2016
• Analysis of the effect of jurisdiction on insolvency procedures under Regulation (EU) 2015/848 (recast)
• A minimum of 100 new examples are explained
• Considering new guidelines for managing housing and education

Description

This book outlines the process for getting a winding-up order in chronological order, starting with the petition presentation and ending with the order itself. It also examines the application procedure as it pertains to different petitioner types, including creditors, contributors (shareholders), and government officials.

In order to address new legislation and new procedures, the fourth edition has been entirely updated. The Insolvency (England and Wales) Rules 2016, which updated the guidelines for applications to wind up corporations, are covered in fresh detail. The regulation (EU) 2015/848 on insolvency procedures (recast), which includes new provisions for housing and education administration as well as modified regulations pertaining to jurisdiction, is also covered in the book.

The study takes into account the jurisprudence of the numerous Commonwealth nations that have adopted the English procedure even though it is primarily focused on the practice in the courts of England and Wales. This book is crucial for all attorneys who file or oppose petitions to have businesses and other similar entities wound up by the court because it provides all the information on the subject.