Effects of an order for compulsory liquidation, Business Law and Ethics

Assignment Help:

Effects of an Order for Compulsory Liquidation:

The effects of the order are follows as are:

(a) the Official Receiver (an Official of the High Court whose duties relate mainly to bankruptcy of individuals) becomes provisional liquidator; s.236

(b) the liquidation is deemed to have begun at the time (possibly several months earlier) when the petition was first presented.  If the compulsory liquidation follows voluntary liquidation already in progress (see Southard Case above) liquidation runs from the commencement of the voluntary liquidation: s.226.

(c) any disposition of the company's property and transfer of its shares subsequent to the commencement of liquidation is void unless the court orders otherwise: s.224.

(d) any legal proceedings in progress against the company are halted (and none may thereafter begin) unless the court gives leave.  Any seizure of the company's assets after commencement of liquidation is void: ss.225 and 228.

(e) the employees of the company are automatically dismissed.  The provisional liquidator assumes the powers of management previously held by the directors.

The assets of the company remain the company's legal property but under the liquidator's control unless the court by order vests the assets in the liquidator.  The business of the company may continue but it is the liquidator's duty to continue it with a view only to realisation, e.g. by sale as a going concern.  Any floating charge crystallizes.  Liquidation may invalidate charges and other previous transactions.


Related Discussions:- Effects of an order for compulsory liquidation

Legislative or parliamentary control, LEGISLATIVE OR PARLIAMENTARY CONTROL:...

LEGISLATIVE OR PARLIAMENTARY CONTROL: (i)         Parliamentary approval and (ii)        Ministerial approval and (iii)       Publication into the England Gazette and

Determine that the tort reform is warranted or not, 1. Tort reform refers t...

1. Tort reform refers to proposed changes in the civil system that would reduce tort litigation or damages. Proposals include, among other things,putting a cap on the amount a plai

Advise sammy on the following issues, I. Sammy has been under continuous...

I. Sammy has been under continuous employment with World Entertainment Ltd for 5 years. Last Friday Sammy was called to the Director's Office and verbally informed that h

Describe about a trade union, Question 1: (a) Describe about a Trade Un...

Question 1: (a) Describe about a Trade Union. (b) Show the objectives of the Trade Union in the Republic of Mauritius. Justify your answer. (c) If you were nominated as

Maintenance of capital - raising of capital, Maintenance Of Capital: T...

Maintenance Of Capital: The issued share capital of a company limited by shares is the primary security for the company's creditors. In Re: Exchange Banking Co (Flitcroft's Ca

Termination of arbitral proceeding, Termination of Arbitral Proceeding ...

Termination of Arbitral Proceeding Although the Arbitral proceedings may be terminated in any of the giving ways as; Through the final award of the arbitrator Whether

contrary case, a) Two family businesses are competing in the same industry...

a) Two family businesses are competing in the same industry, and have been bitter rivals since their early days.  The feud eventually extended into the personal lives of each famil

Prospect of inflationary wage settlements, Prospect of inflationary wage se...

Prospect of inflationary wage settlements The same logic can be applied to various supply side policies. Take, for example, the prospect of inflationary wage settlements. If w

Negotiable instruments - law of contract, Negotiable Instruments - Law of C...

Negotiable Instruments - Law of Contract However past services may constitute valuable consideration to a bill of exchange under by s.27 of the Bills of Exchange Act that prov

Termination of agency - agency law, Termination of agency - Agency Law ...

Termination of agency - Agency Law However an agency relationship may come to an end through: like; Mutual agreement, or consent Withdrawal of consent Performance,

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