Evaluate nature of phoenix activity, Business Law and Ethics

Assignment Help:

Q. Evaluate nature of phoenix activity?

The literature on phoenix activity and the stakeholders consulted in this project emphasised that phoenix activity has evolved significantly over the past decade. Multiple stakeholders emphasised that phoenix activity is not confined to the building and construction industry or the lower end of the SME sector as it perhaps once was. Stakeholders noted the rise of phoenix activity in the cleaning and private security industries, with one stakeholder describing phoenixing in the private security industry as being at endemic proportions.

Multiple stakeholders observed that it is often suspected that financial advisers, lawyers and insolvency practitioners are involved in some incidents of phoenix activity. This issue was raised in the Parliamentary Joint Committee on Corporations and Financial Services Stocktake of Corporate Insolvency Laws. Phoenix activity has also evolved in terms of the forms it can take. In the early 1990s the most common forms of phoenix activity were where a company would incur debt in the form of employee entitlements, to creditors and for outstanding tax. Consequently, the business would go into liquidation or administration. The directors of the company would then form a new entity, often using some or all of the assets of the former company and often the same business name. This is commonly referred to as 'asset stripping'.

Recently, a more common arrangement is for a group of companies to be formed, where each primary business function is operated through a separate entity. One of the entities will supply labour to the entire group and will have relatively few or no assets. The labour entity withholds taxes and incurs debts and is declared insolvent without affecting the assets held elsewhere in the group. A new labour supply entity will be created and workers are transferred to this entity with little or no interruption to the day-to-day operations of the business.


Related Discussions:- Evaluate nature of phoenix activity

Liability in tort, Liability in Tort A partner commits a tortious act ...

Liability in Tort A partner commits a tortious act so then the remaining partners are jointly and hence severally liable with him, thus provided they authorised such the act e

Form of reconstruction, Form of reconstruction: Where one company tran...

Form of reconstruction: Where one company transfers its undertaking (and assets) to another company in exchange for shares to be alloted direct or distributed to the members o

Spill over effects of monetary policy, Spill over Effects of Monetary Polic...

Spill over Effects of Monetary Policy There are three broad ways in which aggregate demand policies in one country can spillover to affect another country. These are the real i

Probabilistic operations research assignment help, Need help in a journal p...

Need help in a journal paper review. The following are the criteria: - Choose a journal paper in the general area of probabilistic operations research - recently published

State article 24 and 25 of air and outer space law, State Article 24 and 25...

State Article 24 and 25 of air and outer space law Article 24 states that the aircraft on a flight to, from, or across the territory of another contracting State shall be admit

Objects clause, Objects Clause: Reasons for Stating Objects  Sectio...

Objects Clause: Reasons for Stating Objects  Section 5 (1) (c) requires the memorandum of association to state the objects of the company. The section does not however indi

Civil law, Civil Law: Further civil law is affected with violations of...

Civil Law: Further civil law is affected with violations of private rights in their corporate or individual capacity egg breach of contract, negligence, defamation, nuisance,

Find the murderer, Your first big case is a multiple murder. As defense att...

Your first big case is a multiple murder. As defense attorney for SyKopath, you have come to the realization that he really did break into a couple's home and torture and kill them

Define the term - legislature-executive trade off, Legislature-Executive Tr...

Legislature-Executive Trade off Let us move a bit closer to the reality. In standard modes of policy optimization we assure that there is a single policy maker, who controls th

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