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Practical Advice

Practical Advice
The mass of books How to, Guide to etc. are well presented in bookshops, however, we are unaware of which one to purchase or perhaps we require only few paragraphs from them, in which case, we provide this information for the benefit that you are abl
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Articles

European cross-border insolvency proceedings
2008-02-17 14:04:00
Council Regulation (EC) No.1346/2000 became effective on 31 May 2002. The Regulation is directly applicable and an integral part of each member state?s law (except Denmark where parallel legislation will apply). To implement the Regulation in the UK, it was necessary to make some limited changes to the Insolvency Act 1986 and the Insolvency Rules. 1. ...
More About: European , Cross
Voluntary striking-off and dissolution
2008-02-16 21:28:00
1. Who can apply to have a company struck off the register? A private company that is not trading may apply to the Registrar to be struck off the register. It can do this if the company is no longer needed. For example, the active directors may wish to retire and there is no-one to take ...
More About: Voluntary
Defunct companies
2008-02-16 21:22:00
1. Can the Registrar strike off a company? Yes, if it is neither in business nor in operation. The Registrar may take this view if, for example: he has not received documents from a company that should have sent them to him; or mail he has sent to a company?s registered office is returned undelivered. Before the Registrar strikes ...
More About: Companies
Restoration to the register
2008-02-16 21:18:00
The Registrar cannot restore a company to the register without a Court Order. When the Registrar receives an office copy of the Court Order for restoration, a company is regarded as having continued in existence as if it had not been struck off and dissolved. 1. Who can apply to have a company restored to the ...
More About: Register , Restoration
General insolvency information
2008-02-16 21:14:00
This information is a guide to winding up your limited liability partnership or removing it from the register. The information summarises some of the rules that apply to voluntary arrangements, administration orders, receivers, and voluntary and compulsory liquidations. It also covers how and why limited liability partnerships are struck off and dissolved. This information also covers ...
More About: Information , General
Voluntary arrangements
2008-02-16 21:10:00
1. What is a voluntary arrangement? A voluntary arrangement is when a limited liability partnership makes an agreement with its creditors by proposing a ?composition in satisfaction of its debt? or a ?scheme of arrangement of its affairs?. This means an arrangement, approved by the court, in which the limited liability partnership has formally agreed terms ...
More About: Voluntary
Administration orders
2008-02-16 21:05:00
1. What is an administration order? It is a court order made to appoint an administrator to manage the limited liability partnership?s affairs. 2. What is the purpose of an administration order? Its purpose may be to: :: save the whole or any part of the limited liability partnership as a going concern; or :: approve a limited liability partnerships ...
More About: Administration , Orders
Receivers
2008-02-16 20:57:00
1. What is a receiver? There are many different kinds of receiver and their powers vary according to the terms of their appointment. An administrative receiver is a receiver or manager of the whole, or substantially the whole, of a limited liability partnership?s property who is appointed by or on behalf of the holders of any debentures ...
More About: Receivers
Voluntary liquidation
2008-02-16 20:53:00
There are two kinds of voluntary liquidation: members? voluntary liquidation (MVL) - which means the designated members have made a statutory declaration of solvency; creditors? voluntary liquidation (CVL) - which means the designated members have not made such a declaration. 1. When can a limited liability partnership go into MVL? This can take place when the designated members believe ...
More About: Voluntary
Compulsory liquidation
2008-02-16 20:49:00
1. What is ?compulsory liquidation?? Compulsory liquidation of a limited liability partnership is when the limited liability partnership is ordered by a court to be wound up. 2. Which courts can order a compulsory liquidation? The High Court, or a county court with the appropriate jurisdiction, may order the winding-up of a limited liability partnership. This may be, ...
Voluntary striking-off and dissolution
2008-02-16 12:45:00
1. Who can apply to have a limited liability partnership struck off the register? A limited liability partnership that is not trading may apply to the Registrar to be struck off the register. It can do this if the limited liability partnership is no longer needed. For example, the active designated members may wish to retire ...
More About: Voluntary
Defunct partnerships
2008-02-16 12:40:00
1. Can the Registrar strike off a limited liability partnership? Yes, if it is neither in business nor in operation. The Registrar may take this view if, for example: he has not received documents from a limited liability partnership that should have sent them to him; or mail he has sent to a limited liability partnership?s registered office ...
Restoration to the register
2008-02-15 10:56:00
The Registrar cannot restore a limited liability partnership to the register without a Court Order. When the Registrar receives an office copy of the Court Order for restoration, a limited liability partnership is regarded as having continued in existence as if it had not been struck off and dissolved. 1. Who can apply to have a ...
More About: Register , Restoration
Guide to liquidation and other insolvency procedures in Scotland
2008-02-15 10:51:00
This information is a simple guide to liquidation and other insolvency procedures. It summarises some of the rules that apply to corporate voluntary arrangements, moratoria, administrations , receivers, voluntary liquidations, compulsory liquidations and EC regulations. Please also refer to the relevant legislation, which you will find in the Companies Act 1985 (as amended in 1989 ...
More About: Scotland , Guide
Voluntary arrangements (CVA) including CVA moratoria in Scotland
2008-02-15 10:47:00
1. What is a corporate voluntary arrangement? A corporate voluntary arrangement is when a company makes an agreement with its creditors by proposing a ?composition in satisfaction of its debt? or a ?scheme of arrangement of its affairs?. This means an arrangement, approved by the court, in which the company has formally agreed terms with its ...
More About: Scotland , Voluntary
?In Administration? and ?administration orders? in Scotland
2008-02-15 10:43:00
The current law concerning administration was introduced with effect from 15 September 2003. Under the new regime, a company will usually be described as being ?in administration? - under the old regime a company would be described as subject to an ?administration order?. We have used these two terms to describe the different regimes. What follows ...
More About: Scotland , Administration , Orders
Receivers in Scotland
2008-02-15 10:38:00
1. What is a receiver? Appointed by or on behalf of the holder of a floating charge, a receiver has the power to sell or otherwise realise the charged assets of the company in an attempt to repay the debt owed to the charge-holder. 2. Who tells the Registrar and Accountant in Bankruptcy (AIB) that a receiver ...
More About: Scotland , Receivers
Voluntary liquidation in Scotland
2008-02-15 10:31:00
There are two kinds of voluntary liquidation: members? voluntary liquidation (MVL) - which means the directors have made a statutory declaration of solvency; creditors? voluntary liquidation (CVL) - which means that the directors have not made such a declaration. 1. When can a company go into MVL? This can take place when the directors of a company believe that ...
More About: Scotland , Voluntary
Compulsory liquidation in Scotland
2008-02-15 10:17:00
1. What is ?compulsory liquidation?? Compulsory liquidation of a company is when the company is ordered by a court to be wound up. 2. Which courts can order a compulsory liquidation? The Court of Session, or Sheriff Court with the appropriate jurisdiction, may order the winding-up of a company. This may be, for example, on the petition of ...
More About: Scotland
Voluntary striking-off and dissolution in Scotland
2008-02-15 10:13:00
1. Who can apply to have a company struck off the register? A private company that is not trading may apply to the Registrar to be struck off the register. It can do this if the company is no longer needed. For example, the active directors may wish to retire and there is no-one to take ...
More About: Scotland , Voluntary
Defunct companies in Scotland
2008-02-15 10:08:00
1. Can the Registrar strike off a company? Yes, if it is neither in business nor in operation. The Registrar may take this view if, for example: documents have not been received from a company that should have sent them to the Registrar; or mail the Registrar has sent to a company?s registered office is returned undelivered. Before striking ...
More About: Companies , Scotland
Restoration to the register in Scotland
2008-02-15 09:23:00
The Registrar cannot restore a company to the register without a Court Order. When the Registrar receives an office copy of the Court Order for restoration, a company is regarded as having continued in existence as if it had not been struck off and dissolved. 1. Who can apply to have a company restored to the ...
More About: Scotland , Register , Restoration
Finance for starting up
2008-02-15 09:18:00
Every new business needs money when starting up. For the majority of businesses, equipment will need to be bought, the workplace established and marketing costs met - all before the first sale is made. Then once you?re trading, you?ll need cash to pay the bills and keep the business going. There is a range of financing ...
More About: Finance
Importance of planning
2008-02-13 12:34:00
Your business plan is crucial A business plan is essential for your enterprise. Whether your business is starting up or established, the business plan is the roadmap for future development. It is a key document when you are looking for business funding - whether applying for a simple overdraft or looking for new investment or capital. This guide explains how to ...
More About: Planning
General insolvency information for Scotland
2008-02-13 12:30:00
This information is a guide to winding up, your limited liability partnership or removing it from the register. The information summarises some of the rules that apply to voluntary arrangements, administration orders, receivers, and voluntary and compulsory liquidations. It also covers how and why limited liability partnerships are struck off and dissolved. This information also covers ...
More About: Information , Scotland , General
Voluntary arrangements in Scotland
2008-02-13 12:24:00
1. What is a voluntary arrangement? A voluntary arrangement is when a limited liability partnership makes an agreement with its creditors by proposing a ?composition in satisfaction of its debt? or a ?scheme of arrangement of its affairs?. This means an arrangement, approved by the court, in which the limited liability partnership has formally agreed terms ...
More About: Scotland , Voluntary
Administration orders in Scotland
2008-02-13 12:19:00
1. What is an administration order? It is a court order made to appoint an administrator to manage the limited liability partnership?s affairs. 2. What is the purpose of an administration order? Its purpose may be to: save the whole or any part of the limited liability partnership as a going concern; or approve a limited liability partnerships voluntary arrangement; ...
More About: Scotland , Administration , Orders
Receivers in Scotland
2008-02-13 12:04:00
1. What is a receiver? Appointed by or on behalf of the holder of a floating charge, a receiver has the power to sell or otherwise realise the charged assets of the limited liability partnership in an attempt to repay the debt owed to the charge-holder. 2. Who tells the Registrar and Accountant in Bankruptcy (AIB) that ...
More About: Scotland , Receivers
Voluntary liquidation in Scotland
2008-02-13 12:00:00
There are two kinds of voluntary liquidation: members? voluntary liquidation (MVL) - which means the designated members have made a statutory declaration of solvency; creditors? voluntary liquidation (CVL) - which means the designated members have not made such a declaration. 1. When can a limited liability partnership go into MVL? This can take place when the designated members of ...
More About: Scotland , Voluntary
Compulsory liquidation in Scotland
2008-02-13 11:55:00
1. What is ?compulsory liquidation?? Compulsory liquidation of a limited liability partnership is when the limited liability partnership is ordered by a court to be wound up. 2. Which courts can order a compulsory liquidation? The Court of Session or Sheriff Court may order the winding-up of a limited liability partnership. This may be, for example, on the ...
More About: Scotland
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