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Books on the topic 'Winding-up and dissolution of the company'

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Published: 4 June 2021
Last updated: 1 February 2022

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1

Goyle, L. C. Law & practice of company winding up. Eastern Law House, 1987.

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2

Office, National Audit. Winding-up the New Millennium Experience Company. Stationery Office, 2002.

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3

Office, National Audit. Winding-up the New Millennium Experience Company limited. Stationery Office, 2002.

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4

Tomasic, Roman. Butterworths Hong Kong company (winding up and miscellaneous provisions) law handbook: Companies (winding up and miscellaneous provisions) Ordinance (Cap 32). Edited by Tyler, E. L. G. (Edward Lawson Griffin), author, Lo, Stefan H. C., author, Stott Vanessa editor, and Hong Kong (China). LexisNexis Hong Kong, 2014.

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5

Loose, Peter. Loose on liquidators: The role of a liquidator in a winding up. 4th ed. Jordans, 1997.

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6

Victorian insolvency: Bankruptcy, imprisonment for debt, and company winding-up in nineteenth-century England. Clarendon Press, 1995.

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7

Loose, Peter. Loose on liquidators: The role of a liquidator in a voluntary winding up. 3rd ed. Jordans, 1989.

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8

Office, National Audit. Winding-up the new millennium experience company limited: Report by the Comptroller and Auditor General. Stationery Office, 2002.

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9

Assembly, Canada Legislature Legislative. Bill: An act to facilitate the winding up of insolvent joint stock companies. Thompson, Hunter, 2003.

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10

Office, National Audit. Winding-up the New Millennium Experience Company Limited: Report by the comptroller and auditor general, HC 749, Session 2001-2002, 17 April 2002. Stationery Office, 2002.

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11

Merchant, Akbar G. Akbar G. Merchant's comments on company law, includes 1. Comments on Companies ordinance, 1984--(excluding winding up) ; 2. Comments on Draft companies rules ; 3. Comparative chart of new sections of Companies ordinance and old sections of Companies Act ; 4. Check list for general compliance under the Companies ordinance including necessary issues of regularisation, requiring immediate attention, etc. Flecbon Corp., 1985.

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12

French, Derek. 20. Company insolvency and liquidation. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815105.003.0020.

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This chapter deals with procedures and legislation governing the insolvency and liquidation of a company and who are qualified as insolvency practitioners. It discusses insolvency procedures such as administration, voluntary arrangement, creditors’ voluntary winding up, winding up by the court and the appointment of a provisional liquidator. It considers the effect of insolvency and liquidation procedures on floating charges, court control of insolvency and liquidation procedures, and liability for fraudulent trading and wrongful trading. The legal principles underlying disqualification orders against a company’s directors, the use of an insolvent company’s name, the order of the application of assets in liquidation and the dissolution of a company are also examined.
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13

French, Derek, Stephen W. Mayson, and Christopher L. Ryan. 20. Company insolvency and liquidation. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198778301.003.0020.

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This chapter deals with procedures and legislation governing the insolvency and liquidation of a company and who are qualified as insolvency practitioners. It first discusses insolvency procedures such as administrative receivership, administration, voluntary arrangement, creditors’ voluntary winding up, winding up by the court, and the appointment of a provisional liquidator. It then considers the effect of insolvency and liquidation procedures on floating charges, court control of insolvency and liquidation procedures, and liability for wrongful trading. The legal principles underlying disqualification orders against a company’s directors, the use of an insolvent company’s name, the order of the application of assets in liquidation, and the dissolution of a company are also examined.
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14

Office, National Audit. Winding-up the New Millennium Experience Company Limited. Stationery Office, 2002.

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15

Dignam, Alan, and John Lowry. 17. Corporate rescue and liquidations in outline. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811831.003.0017.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.
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16

Dignam, Alan, and John Lowry. 17. Corporate rescue and liquidations in outline. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.1801.

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Abstract:
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.
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17

Andrew, Chan. 28 Singapore. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0028.

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This chapter examines the law of set-off in Singapore. In Singapore, set-off may occur both within and outside of individual bankruptcy and insolvent winding-up of companies. There are four types of set-off under Singapore law: equitable set-off, procedural or legal set-off, contractual set-off, and combination set-off. The chapter first provides an overview of these four types of set-off, which fall outside bankruptcy or insolvent winding-up, before discussing set-off within bankruptcy or insolvent winding-up. In particular, it considers the basis and requirements of insolvency set-off, limits to insolvency set-off, and other insolvency regimes that affect set-off. It also analyses cross-border issues relating to applicable law on set-off as well as insolvency proceedings involving a foreign company.
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18

Morse, Geoffrey. Partnership and LLP Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198744467.001.0001.

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Partnership and LLP Law, which is now in its eight edition, covers the essential principles of both partnership law and the law relating to limited liability partnerships. In addition to explaining established principles it explores the unresolved issues in partnership law, including fixed share partnerships and whether partners can be workers, dissolution by acceptance of repudiatory breach, abandonment and mutuality, liability for equitable wrongs, the authority of a partner winding up a partnership, and the availability of equitable or common law remedies for breaches of the partnership agreement. The new edition includes a greatly expanded analysis of limited liability partnerships signifying the growth in importance of this type of entity and the development of a distinct area of law. LLP law is still evolving and combines both corporate and partnership elements which creates legal and practical difficulties. The book considers and provides answers to these problems. It analyses for example, the question as to whether a person can be both a member and an employee of an LLP. Limited partnerships are also considered in detail in response to their recent revival as investment vehicles and recent developments on access to information and derivative actions by limited partners.
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19

Parker, W. R. Percival 1872-1936., ed. Canadian company law: A treatise on the law of joint stock companies in Canada, comprising the Dominion, Ontario, Quebec, and British Columbia companies and winding-up acts, annotated, with cross references to the acts of Nova Scotia, Manitoba, New Brunswick, Prince Edward Island, and the ordinances of the North-west Territories, as well as to the Imperial companies acts, together with numerous forms and precedents. Canada Law Book Co., 1994.

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20

Moore, Imogen. 11. Corporate Insolvency. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198745228.003.0011.

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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on corporate insolvency. It considers the important and topical subject of corporate rescue, reviewing, in particular, administration (including pre-packaged administrations) and Company Voluntary Arrangements. The chapter addresses several issues relating to liquidation, including: winding up petitions and the meaning of ‘inability to pay debts’; assets available to creditors; distribution of assets to creditors; priority of claims; the pari passu principle; and transaction avoidance (dispositions of property after the commencement of winding up; transactions at an undervalue; preferences; voidable floating charges; and transactions defrauding creditors). The potential liability of directors on a company’s insolvent liquidation is considered, concentrating on wrongful and fraudulent trading and disqualification.
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21

Roach, Lee. 9. Members’ remedies. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198759133.003.0009.

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EachConcentraterevision guide is packed with essential information, key cases, revision tips, exam Q&As, and more.Concentratesshow you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the three principal remedies provided by law to members of a company: the derivative claim under Pt 11 of the Companies Act 2006 (CA 2006); the unfair prejudice remedy under Pt 30 of the CA 2006; and the petition for winding up the company under s 122 of the Insolvency Act 1986 (IA 1986).
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22

Roach, Lee. 8. Members’ remedies. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815143.003.0008.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the three principal remedies provided by law to members of a company: the derivative claim under Pt 11 of the Companies Act 2006 (CA 2006); the unfair prejudice remedy under Pt 30 of the CA 2006; and the petition for winding up the company under s 122 of the Insolvency Act 1986 (IA 1986).
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23

Roach, Lee. 10. Corporate rescue and insolvency. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198759133.003.0010.

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EachConcentraterevision guide is packed with essential information, key cases, revision tips, exam Q&As, and more.Concentratesshow you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the various procedures available to companies experiencing financial difficulties that are so severe that the company’s survival is in jeopardy. It focuses on procedures that aim to help struggling companies (such as administration); help creditors recover monies owed (such as receivership); and commence the process of ending the company existence and provide for the distribution of its remaining assets (namely winding up).
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24

Roach, Lee. 9. Corporate rescue and liquidation. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815143.003.0009.

Full text
Abstract:
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the various procedures available to companies experiencing financial difficulties that are so severe that the company’s survival is in jeopardy. It focuses on procedures that aim to help struggling companies (such as administration); help creditors recover monies owed (such as receivership); and commence the process of ending the company existence and provide for the distribution of its remaining assets (namely winding up).
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25

French, Derek. 18. Remedies for maladministration. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815105.003.0018.

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This chapter considers the remedies available when maladministration occurs, with emphasis on the existence of the company as a separate person. It examines circumstances where a wrong has been done to the company or to individual members, focusing on the proper claimant principle established in Foss v Harbottle (1843) 2 Hare 461, and the possible action that can be taken against company officers who have committed a wrong. It also explains the causes for which a member can file derivative claims; the right of a member to petition the court for relief under the Companies Act 2006 (CA 2006), part 30 (ss 994 to 999); the concept of winding up; the irregularity principle; and when the Secretary of State can intervene in maladministration cases. The chapter cites relevant legislation (Companies Act 1985, Insolvency Act 1986 and CA 2006) and a number of particularly significant court cases.
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26

French, Derek, Stephen W. Mayson, and Christopher L. Ryan. 18. Remedies for maladministration. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198778301.003.0018.

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This chapter considers the remedies available when maladministration occurs, with emphasis on the existence of the company as a separate person. It examines circumstances where a wrong has been done to the company or to individual members, focusing on the proper claimant principle established in Foss v Harbottle (1843) 2 Hare 461, and the possible action that can be taken against company officers who have committed a wrong. It also explains the causes for which a member can file derivative claims; the right of a member to petition the court for relief under the Companies Act 2006 (CA 2006), part 30 (ss 994 to 999); the concept of winding up; the irregularity principle; and when the Secretary of State can intervene in maladministration cases. The chapter cites relevant legislation (Companies Act 1985, Insolvency Act 1986, and CA 2006) and a number of particularly significant court cases.
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27

Jones, Lucy. Introduction to Business Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198824886.001.0001.

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Introduction to Business Law demonstrates the relevance of key areas of the law to a world of work that the business student can relate to. Students of business often find business law modules challenging, irrelevant to their future career, and full of alien terminology and concepts. Structured in eight parts, this book provides a foundation in the key legal concepts of the English legal system, contract law, and negligence before discussing how the law affects the everyday workings of businesses and their employees from protecting intellectual property rights to company formation, winding up and insolvency. It covers a variety of topics around the subjects of the English legal system, contract law, the law of torts, employment law, the structure and management of business and the major intellectual property rights.
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28

Richard, Tredgett. 12 England. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0012.

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This chapter provides an overview of the law of set-off in England and Wales, both prior to insolvency (whether by virtue of a contract or by operation of law) and in the event of a winding up or an administration of a company under English law. It begins with a discussion of set-off between solvent parties, focusing on contractual set-off, legal set-off, equitable set-off, and banker's right of set-off. It then considers set-off against insolvent parties, taking into account the relevant set-off rules, the mandatory nature of insolvency set-off, ‘due’ and contingent claims, mutuality of claims, and the rule on build-up of set-offs. It also examines insolvency clawbacks and concludes with an analysis of issues arising in cross-border set-off.
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29

Jones, Lucy. Introduction to Business Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198766261.001.0001.

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Introduction to Business Law demonstrates the relevance of key areas of the law to a world of work that the business student can relate to. Students of business often find business law modules challenging, irrelevant to their future career, and full of alien terminology and concepts. Structured in eight parts, this book provides a foundation in the key legal concepts of the English legal system, contract law, and negligence before discussing how the law affects the everyday workings of businesses and their employees from protecting intellectual property rights to company formation, winding up and insolvency. It covers a variety of topics around the subjects of the English legal system, contract law, the law of torts, employment law, the structure and management of business and the major intellectual property rights.
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30

Douglas W, Arner, Hsu Berry FC, Goo Say H, Johnstone Syren, Lejot Paul, and Tse Maurice Kwong-Sang. Part III Regulation of Financial Products, 6 Securities Offerings. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198706472.003.0006.

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This chapter looks at financial products and their regulation in relation to listings of securities on The Stock Exchange of Hong Kong (SEHK). Hong Kong’s system for listing and public offerings of securities is largely based on the pre-FSMA 2000 system of the United Kingdom. As such, it is based on a statutory framework established by the Companies (Winding Up and Miscellaneous Provisions) Ordinance (CWUMPO) and the Securities and Futures Ordinance (SFO). The chapter explains how non-statutory controls on offers of securities fall into two broad classes: securities to be admitted to listing and those which are not to be listed. The legal and regulatory framework of Hong Kong addressing public offerings and listings of company securities covers: private and public companies; public offerings and prospectus requirements; the means by which a company’s securities can become listed; preparation of prospectuses and listing documents; and continuing obligations of being listed.
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