Already have an account? Get multiple benefits of using own account!
Login in your account..!
Remember me
Don't have an account? Create your account in less than a minutes,
Forgot password? how can I recover my password now!
Enter right registered email to receive password!
Intent to defraud the Italian creditor:
The company owed money to trade creditors and also had outstanding against it a large claim for breach of contract which it disputed (though the claimant had obtained judgement in his favour in the Italian courts). The directors used the remaining assets to discharge the trade debts. When the company went into liquidation the liquidator sought a declaration that the directors had carried on business with intent to defraud the Italian creditor.
In paying the other debts the directors had "carried on business" but this was not a case of "intent to defraud" the Italian claimant, whose claim they did not accept. (The issue of possible fraudulent preference of the trade creditors was not raised).
If the liquidator considers that there has been fraudulent trading he should apply to the court for an order that those responsible (usually the directors) are liable to make good to the company all or some specified part of the company's debts. If the liquidator does not do this a creditor might be able to obtain an order that those at fault must pay the creditor direct: Re Cyone Distributors (1967). The liquidator should also report the facts to the Attorney General so that he may institute criminal proceedings.
Fraudulent Preference: Under s.312, any disposition of the company's property and any creation of a charge, fixed or floating, effected during the period of six months before
State about the Stages in the policy process Stages in the policy process are generally conceptualized within a broader environment governed by constitutional rules, political
State Article 19 and 20 of air and outer space law Article 19 refers to the registration or transfer of registration of aircraft in any contracting State shall be made in acc
Question 1: In order to ensure health and safety of employees at the workplace, the Occupational Safety and Health Act 2005 imposes duties on employers only. Discuss. Quest
State Article1of Universal Declaration of Human Rights Article 1: 'All human beings are born free and equal in respect and rights. They are endowed with reason and conscience
Invitation to Treat - Law of Contract Well this is a mere invitation through a party to another or others to make offers. Another time the offeror become offeree and invitee
OPPRESSION OF MINORITIES: 7.3.1 Section 211 of the Act provides that any member of a company who complains that the affairs of the company are being conduc
Scheme at meeting - reconstructions: Following approval of the scheme at meeting(s) application is made to the court for an order to approve and implement the scheme. At this
Question 1 What are cybercrimes? Mention in detail what are considered as cybercrimes Question 2 What are Intellectual Property Rights? Explain in detail Question 3 What
In a business context, there are thousands of legal claims that happen frequently in a company's course of operations. Frequently, the management team must come to together to veri
Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!
whatsapp: +1-415-670-9521
Phone: +1-415-670-9521
Email: [email protected]
All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd