Will we crash, or stall?
Has our debt levels doomed the buoyant economic weather?
So how do Voidable Transactions exactly work?
Consider two conflicting public policy goals: 1. In a liquidation all creditors are to be treated equally, paid according to the priority set down by Schedule seven (staff first, overdue GST and PAYE, then unsecured creditors). 2. It is important that suppliers to firms in trouble continue to supply, enabling struggling firms an opportunity to […]
“But I own it” – then PPSR it!
If your business sells goods, leases goods, or provides consignment stock and you do not know what the PPSR is, then it’s time to educate yourself!
Statutory Demands; What are they?
Got served or thinking of serving a Statutory Demand? Make sure you know what they are and how they work.
It’s a Matter of “Trust”
Should you be trading with Trusts? How much can you trust them?
The Misconception of Limited Liability
There is a firmly held misconception about the application of Limited Liability. This is a protection that is open to shareholders. It does not extend to directors and a Court of Appeal case has clarified the issues nicely. Case 1: MASON V LEWIS Mr and Mrs Lewis were minority shareholders and also directors of a […]
Regulation of Insolvency
Damien Grant made an oral submission to the Select Committee overseeing the Insolvency Practitioners Bill.
Video Below
Is Your Company Solvent? – Risks for Directors and their Accountants
We often ask directors about their company’s solvency. When asked if their company is solvent “I think so” is a common answer.
Personal Liabilities of Liquidators, Receivers and Administrators
One of the joys of working in insolvency is the personal liability that attaches to much of what we do. There are three broad areas that Insolvency Practitioners work in; Receiverships, Liquidations and Voluntary Administrations – and the personal liability differs in each case. Naturally, an Insolvency Practitioner is never liable for any company debts […]
How to Protect Yourself from Dealings with an Insolvent Company
Dealing with insolvent companies is an increasing problem for many firms. There are three risks in dealing with a firm that later fails: Securities granted can be voided This is a rarely used provision. However, if a company is insolvent any securities it gives can be unwound by a liquidator. This applies to General Security […]
