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

Define the strategic voting and policy process, Define the Strategic Voting...

Define the Strategic Voting and Policy Process Now we take up an important issue with respect to policy process. In standard models, where a single vote is taken directly as re

Explain about the european court of justice rulings, Explain about the Euro...

Explain about the European court of justice rulings. European Court of Justice Rulings: This observes that EU law is being interpreted correctly and resolves any matters

Reconstructions - mergers and winding up, Reconstructions, Mergers And Wind...

Reconstructions, Mergers And Winding Up: (a) Reconstructions, mergers and takeovers are not defined terms. A reconstruction may be an alternative of the structure of a group o

Delivery of good – sales of goods, Delivery of Good – Sales of Goods T...

Delivery of Good – Sales of Goods Therefore this is the voluntary transfer of possession from one person to other. Actually delivery usually takes any of the next forms, namel

Briefly outline the role of the state in employee relations, Question 1: ...

Question 1: (a) Briefly outline the role of the State in Employee Relations. (b) Write short notes on any three of the following: (i) The Ministry of Labour and Industrial

Contributions of equity, Contributions of Equity Contributions of Equi...

Contributions of Equity Contributions of Equity as: Developed the so called maxims of equity and Provided additional remedies and Provided for the discovery of

State article 2 of universal declaration of human rights, State Article 2 o...

State Article 2 of Universal Declaration of Human Rights Article 2: 'Everyone is  entitled  to  the rights and freedoms set  forth in  this Declaration...' - This clause iden

Domicile law of uk, Domicile law of UK However a person's domicile is ...

Domicile law of UK However a person's domicile is such country in where he either has or is deemed through law to have, his permanent home.  Hence it is the country of permane

Necessity - law of agency and partnership, Necessity - Law of Agency an...

Necessity - Law of Agency and Partnership Therefore an agency of necessity may subsist either domestic or commercial: Commercial Agency of Necessity: Although

Avoidance of floating charges, Avoidance of Floating Charges: Under s....

Avoidance of Floating Charges: Under s.314 liquidation automatically renders void any floating charge created within the period of 12 months before commencement of liquidation

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