Unsecured trade creditors, Business Law and Ethics

Assignment Help:

Unsecured trade creditors:

It refers to a "class" of members or of creditors. Obviously if two or more companies are involved or if one company has two classes of shares, eg. preference and ordinary, or is proposing a compromise with different classes of creditors, eg. debenture holders and unsecured trade creditors, it must ask the court to order that separate meetings be held of each group and it must obtain the required majority approval at each meeting.  But the principle is carried even further.  If within say one class of shareholders there are groups whose interests in the proposed scheme are clearly different the court must be asked to order that separate meetings be called of each group.  Therefore it has been said that each meeting "must be confined to those persons whose rights are not so dissimilar as to make it impossible for them to consult together with a view to their common interest" (Sovereign Life Assurance Co v Dodd).

Whether those who propose the scheme do not in their application to the court distinguish each such group (to be consulted separately) the court will at the final decision stage withhold its approval on the ground that there has not been fair and proper consultation.


Related Discussions:- Unsecured trade creditors

Law of associations, Jevin has operated a business as a sole trader for a n...

Jevin has operated a business as a sole trader for a number of years. Now, he is being advised by friends that he should consider registering as a company in order to gain the bene

Definitions of phoenix activity, phoenix activity involves "the evasion of ...

phoenix activity involves "the evasion of tax and other liabilities, such as employee entitlements, through the deliberate, systematic and sometimes cyclic liquidation of related c

Statutory safeguard - non-accepting shareholders, Statutory safeguard - Non...

Statutory safeguard - Non-accepting shareholders: The non-accepting shareholders have a further statutory safeguard.  Company A is not obliged to serve notice of intention to

Consistent with the written law, Consistent with the written Law Howev...

Consistent with the written Law However Islamic law is the law based on the Holy Koran and the teachings of the Prophet Mohammed as defined in his Sayings called "Hadith".

Profit and loss account, Profit and Loss Account: with s.148(1) the di...

Profit and Loss Account: with s.148(1) the directors of every company shall, at some date not soon than eighteen months later than the incorporation of the company and subsequ

Explain the international law on kashmir dispute, Normal 0 fals...

Normal 0 false false false EN-IN X-NONE X-NONE MicrosoftInternetExplorer4

Regulations regarding experiments on animals, REGULATIONS REGARDING EXPERIM...

REGULATIONS REGARDING EXPERIMENTS ON ANIMALS : You may be aware that experiments on animals are performed in the laboratories of educational and research institutions. You should k

What is the meaning of ethics in the corporate environment, QUESTION 1 ...

QUESTION 1 (a) Why is it that businesses are increasingly exposed to scrutiny and criticisms? (b) Discuss four strategies which can be adopted to respond to these criticisms

Disadvantages of subsidiary legislation, DISADVANTAGES: Whether delega...

DISADVANTAGES: Whether delegated or subsidiary legislation has been criticised just to a variety of reasons, the main ones being that it is:as; (a)   Less democratic Whe

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