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Applications to Wind Up Companies - 3rd Edition
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Applications to Wind Up Companies - 3rd Edition

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Overview
Published 26 March 2015 (OUP)
ISBN: 9780198716372. Hard cover.
Description

Derek French

  • The only book to focus on winding up companies that covers applying to have companies and similar entities wound up by the court
  • Includes points of law on procedural issues including how to deal with a particular type of application
  • Covers entities other than companies registered under the Companies Acts, such as insolvent partnerships and foreign companies
  • Gives equal coverage to petitions by creditors, contributories (shareholders) and to public interest petitions
  • Cited as an authority in judgments in England and Scotland, Ireland, Bermuda, Cayman Islands, Virgin Islands, Malaysia and Hong Kong
  • Includes Irish and Commonwealth jurisprudence

New to this edition

  • Includes coverage of PD Insolvency Proceedings 2014, the Banking Act 2009, and legislation on new industry-specific insolvency procedures
  • Over 500 additional cases are cited
  • New features include coverage of bank and building society insolvency, winding up through administration, winding up insolvent partnerships other than as unregistered companies
  • Provides new treatment of how industry-specific administration regimes from water companies to energy supply companies interact with winding up

This book deals with the procedure for obtaining a winding-up order chronologically from presentation of a petition through to making the order. It also looks at the application process as it applies to various classes of petitioner, such as creditors, contributories (shareholders) and public officials. 

The third edition is completely updated to cover new legislation and new procedures. It includes new coverage of winding up through administrations, winding up insolvent partnerships other than as unregistered companies, and considers the practice and procedure issues of industry-specific administration regimes (from water companies to energy supply companies) and their interaction with winding up.

Though focused on the procedure in the courts of England and Wales, the work also considers the jurisprudence of the many Commonwealth jurisdictions which have adopted the English procedure. This work contains all there is to know about applying (petitioning) to have companies and similar entities wound up by the court, making it essential for all lawyers who make, or defend, such applications.

1: Jurisdiction, sources and generally applicable rules
2: Presentation of a winding-up petition
3: Between Presentation and hearing
4: Appointment of a Provisional Liquidator
5: Hearing the Petition and Making the Order
6: Review of Orders
7: Petitions by Creditors
8: Petitions by Contributories
9: Public Interest Petitions
10: Company Already Subject to Insolvency Proceedings
11: Other Petitioners

Derek French is principal author of 29 editions of Mayson, French and Ryan on Company Law, editor of 16 editions of Blackstone's Statutes on Company Law, and co-editor of 13 editions of Blackstone's Civil Practice.

`Review from previous edition This book is highly practical, well set out, clear and lucid in form and style. It is an excellent contribution to the subject and is highly recommended. This book will appeal to a wide audience including practitioners, directors, company secretaries and academics.' Dr Saleem Sheikh, Inteenational Company and Commercial Law Review

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