Restructuring & Insolvency analysis: Cleon Catsambis, barrister at 39 Essex Chambers and counsel for the applicant, sets out the test used to establish a cross-claim in order to restrain a winding-up petition.
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What is a statutory declaration of solvency and what happens if a false declaration of solvency is made?Statutory declaration of solvencyA company enters voluntary liquidation when its members vote to do so by a special resolution. For further information, see Practice Note: What is a members’
How to commence a voluntary winding-upThis Practice Note sets out the position from 6 April 2017.The resolution to wind-upA company may only enter voluntary liquidation if:•it has a fixed period for its duration which has expired or an event has occurred which its articles say is an event leading to
In what circumstances can a CVA be proposed and by whom?What is a CVA?A company voluntary arrangement (CVA) is a binding arrangement made between a company and its creditors (Part I of the Insolvency Act 1986 (IA 1986)). It is the corporate equivalent of the individual voluntary arrangement (IVA).
Can you wind-up a company when the debt is disputed?It is a long-established principle that winding-up proceedings should not be commenced where the petition debt is genuinely disputed on substantial grounds. If a purported creditor attempts to do so, the court can invoke its inherent jurisdiction
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