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Guidance to Directors of Insolvent and Near Insolvent Companies

by Paul Brindley | Aug 23, 2019 | Administration, Advice to Directors, CVLs, Ethics & Regulation, Upsettable Transactions

Directors often come to me troubled, worried about their position as a director of a company that’s at risk of failing, perturbed by all the scare stories about personal liability and other penalties, their minds racing.  Yet it’s not a crime to be involved with a...

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...
Practical advice for directors of distressed companies

Practical advice for directors of distressed companies

by Paul Brindley | May 16, 2019 | Administration, CVLs, Ethics & Regulation

While a company is doing well, the law requires that the directors work to ensure the continuing success of the company for the benefit of the shareholders. It’s a duty that is owed to the company itself, and to the shareholders as a whole, not just one or some.  When...
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