Liquidators and receivers
The Companies Act 2014, along with hundreds of judicial decisions from the courts, have placed a multitude of duties and responsibilities on those acting as receivers or liquidators of both solvent and insolvent companies. As a result, such persons frequently require Counsel's advice to ensure compliance and avoid the possibility of personal actions against them for breaching those duties. If you are a liquidator or receiver then we can provide access to the best advice when it comes to company law and corporate insolvency. Mahmud is one of the country's leading practitioners in this area of law.
Below are just some of the matters in relation to which we have advised company liquidators and receivers:
- Advice about the priority of costs in a creditors' voluntary winding up.
- Advising a liquidator about the merits of intended legal proceedings in the name of the company.
- Application by a liquidator for the restriction and disqualification of the company's directors.
- Application for the reversal of certain fraudulent transactions involving the company and its directors.
- Advice regarding whether the directors had engaged in reckless trading or misfeasance in office.
- Advice about the appropriateness of fees charged by the liquidator and his staff.
- Defending a liquidator against a claim for damages for breach of duty.
- Advising a liquidator on pursuing a major creditor of the company.
- Advice for clarification on aspects of the receivership, including the validity of the receiver's appointment.
- Applications by receivers injuncting parties from obstructing the receivership.
- Advising a receiver and manager about the extent of his power under a deed of appointment to continue the company's business.
- Advising a receiver in relation to uncertainty about title to property over which he was appointed.
Please visit our partner site Corporate Legal for legal advice and representation in all company and commercial matters.