Insolvency Law Flashcards

1
Q

When the company is in difficulty what 2 options does it have?’

A

Liquidation or administration

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2
Q

What does liquidation do?

What does administration do?

A

Winds up the company

aims to rescue company

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3
Q

Liquidation
What two types are there?
What two types of voluntary are there?
When will the business go into compulsory?(3)

A

Voluntary and complusary
Members voluntary
Creditors voluntary

When they are unable to pay their debts
When it is just and equitable
When they do not have a trading certificate

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4
Q

When distributing assets what is the order in which this is done?(7)

A
Fixed charges 
Costs
Preferred debts
Floating charges 
Unsecured ordinary creditors 
Deferred debts 
Members
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5
Q

When paying costs what does this include?(3)

A

Costs of getting in assets
Liquidator remuneration
Incidental costs

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6
Q

What is included in preferential debts?(3)

A

Employee wages
Accrued holiday pay
Contributions to occupational pensions funds

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7
Q

What happens at a certain percentage when paying unsecured ordinary creditors?

A

It is ring fenced

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8
Q

What do deferred debts include?(2)

A

Dividends declared but not paid

Interested accrued on debts since liquidation

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