Business Notes - insolvency

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  • Created by: jutnut
  • Created on: 23-08-18 16:23

Insolvency

Options for a company:

- Informal arrangements with their Creditors

Pros: 

  • No court proceedings
  • Cheap
  • More time to pay

Cons:

  • Non-enforceable
  • Creditors don't have to agree
  • No moratorium 
  • Not Binding

- Company Voluntary Arrangement: (s.1-7 IA)

Pros: 

  • Formal
  • Can be proposed before insolvency
  • Can bind the minority of creditors (only require Majority (75%)
  • Cheap

Cons: 

  • Preferential and secured creditors not bound without consent
  • No automatic Moratorium (can get around this by being insolvent first)

- Administration

Pros: 

  • Main aim is survival of the company
  • secondary aim is to get best outcome for creditors
  • Interim/auto moratorium 
  • Continue trading to

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