Disadvantage of a scheme of arrangement, Business Law and Ethics

Assignment Help:

Disadvantage of a scheme of arrangement:

The disadvantage of a scheme of arrangement is that it requires the preparation of elaborate documents and the observance of a strict procedure, including an initial and final application to the court and the holding of meetings.  All this is expensive.  Hence a scheme of arrangement is only suitable for large companies where substantial values or assets are affected.  Otherwise it is uneconomical.

 If a company which is or is about to be in voluntary liquidation proposes to make a composition with its creditors it has a choice between the following alternatives:

(a) a scheme of arrangement under s.207;

(b) an arrangement sanctioned by three quarters (in number and in value) of the creditors under CA: s.300.  This liquidation procedure is binding on a minority unless the court on the application of a creditor or contributory (member) orders otherwise;

(c) a compromise made by the liquidator in exercise of statutory powers under CA, s.241 or s.297(1)(a).  For this purpose he must obtain approval of members, creditors, committee of inspection or the court according to the circumstances of the case.


Related Discussions:- Disadvantage of a scheme of arrangement

Show the suggested actions to address phoenix activity, Q. Show the Suggest...

Q. Show the Suggested actions to address phoenix activity? There have been a range of options identified by previous works on phoenix activity, such as the Cole Inquiry and Tre

Illustrate the economic and social council of united nations, Illustrate th...

Illustrate the Economic and Social Council of United Nations. UN Economic and Social Council: The Economic and Social Council (ECOSOC) functions as the central forum for

Duties or obligations of hirer, Duties or Obligations of Hirer However...

Duties or Obligations of Hirer However these are not provided in the Act although are usually found in such the agreement itself Like: a) Take delivery: whether upon ente

Disadvantages of entrepreneurship development , Disadvantages of Entreprene...

Disadvantages of Entrepreneurship Development You will be your own boss and the boss of other people and make the decisions that are crucial to the business' success or fa

Companys capital, Companys capital: An order made by the court may- ...

Companys capital: An order made by the court may- (a) regulate the conduct of the company's affairs in future, as in Re: H.R. Harmer Ltd;- in which the father (Harmer) was

Alternative dispute resolution, "The liability of third party neutrals has ...

"The liability of third party neutrals has been a topic of concern ever since the formalisation of dispute resolution in Australia.  Although there are no known cases in Australia

Contract law problems, Case Study Cathy's septic tank at her house was ...

Case Study Cathy's septic tank at her house was old and it suddenly stopped  working.  On 9 June 2008 she called Dave, the owner of Septix Pty Ltd (-Septix?), to urgently give

Committee of inspection - winding up, Committee of Inspection:        ...

Committee of Inspection:                                       A committee of inspection is appointed in a compulsory liquidation and in a creditors' voluntary liquidation. It

Company law, # difference between variation of class right and variation of...

# difference between variation of class right and variation of enjoyment

State the theories of self-enforcing, Theories of self-enforcing or implici...

Theories of self-enforcing or implicit contracts These theories relate to the problem of limits to which legal compulsion can be employed (due to information or transaction cos

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

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!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd