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The Order of Payout In Insolvencies

by Paul Brindley | Aug 21, 2019 | Administration, CVLs, Ethics & Regulation, MVLs

I am often asked what is the order of payout of creditors in a corporate insolvency?   Here it is:   The ‘Pool’ of assets subject to a fixed charge/fixed charges (i) The fees, costs and expenses incurred by the insolvency practitioner in preserving and then...

Tax Abuse Involving Company Insolvencies

by Paul Brindley | Aug 16, 2019 | CVLs, Ethics & Regulation

HMRC have recently published a paper setting out their policy for dealing with taxpayers who they see as unfairly reducing their tax liability by misusing company insolvency procedures. In summary where HMRC believe there to have been tax avoidance, tax evasion or...

How important is it that your insolvency practitioner understands your business?

by Paul Brindley | Jul 18, 2019 | Administration, CVLs, Ethics & Regulation

It might seem an unusual question, but is it important that your insolvency practitioner understands your business and its assets and the environment in which it operates if they are only liquidating it? Perhaps this question was answered in a recent case that hit the...

Can a director, shadow or de facto director be made personally liable for the failings of their company?

by Paul Brindley | May 25, 2019 | CVLs

The English Technology and Construction Court recently held that the directors were liable in tort for the failings of their insolvent construction company. It is not uncommon for construction companies set up to act as the employer on a specific contract to turn out...
Striking a Company Off – a Cost-Effective Alternative to Liquidation

Striking a Company Off – a Cost-Effective Alternative to Liquidation

by Paul Brindley | May 20, 2019 | Alternatives to formal insolvency, CVLs

Companies are born when they are ‘incorporated’, they live, they go into ‘intensive care’ on liquidation or administration, and they ‘die’ on dissolution. People are often surprised to hear that while it costs under £100 to...
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