Description
Kerr & Hunter on Receivers and Administrators sets out the legal principles, explains the legislation and interprets the relevant case law. Covering both corporate and personal insolvency the book considers the duties, and responsibilities of both administrators and receivers. It also explains when and why they are appointed, and whether appointed outside court or not.
- Considers the duties, powers, responsibilities and liabilities of administrators and receivers
- Sets out the legal principles, explains the legislation and interprets the relevant case law
- Explains the procedures for the appointment of receivers and administrators
- Considers appointment out of court and emergency procedures
- Describes the duties of office holders and their relationship with the company and its staff
- Provides a comprehensive overview of taxation in receivership and administration
- Guides reader through impact of new legislative developments and reflects the latest rulings from both UK and EU courts
- Covers both corporate and personal insolvency, plus a chapter on cross-border insolvency
- Gives latest rulings and case study material on the recast EU Insolvency Regulation
- Illustrates potential judicial conflicts within the practice area of administration
- Takes account of the effects of liquidation on administrative receivership
- Contents:
- PART I THE APPOINTMENT OF RECEIVERS BY THE COURT IN ENGLAND AND WALES
- – Principles on which a Receiver is Appointed by the Court
- – Over what Property a Receiver may be Appointed
- – Who may be Appointed Receiver
- – Modes of Appointing a Receiver of the Court
- – In what Cases a Receiver Will Be Appointed
- PART II THE STRUCTURE OF COURT-APPOINTED RECEIVERSHIPS
- – Effect of Appointment and Possession of a Receiver
- – Powers and Duties of a Receiver; Liabilities of a Receiver
- – Managers; Remuneration and Expenses of a Receiver
- – Receiver’s Accounts
- – Discharge of a Receiver In Company Cases
- – Liabilities and Rights of Receiver’s Sureties
- PART III RECEIVERS APPOINTED OUT OF COURT
- – Receivers Appointed under an Agreement
- – Appointments Under Statutory Powers
- – Appointments Over the Property of a Company (other than Administrative Receivers)
- PART IV ADMINISTRATION
- – Administrators: Judicially and Extra-Judicially Appointed
- – The Administrator in Office: Powers and Duties, and The Fund for Unsecured Creditors
- – Conversion from Administration into Other Forms of Proceeding
- – Ending Administration
- PART V TAXATION
- – The Taxation of Receivers and Administrators
- PART VI CROSS BORDER INSOLVENCY
- – The EU Regulation on Insolvency Proceedings and the Cross-Border Insolvency Regulations.
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