The second edition of Applications to Wind Up Companies provides practitioners with an up to date and in-depth treatment of the law relating to applications to wind up companies. As such it is the only work to focus specifically on this aspect of corporate and insolvency law. This long-awaited new edition 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 book covers companies registered under the Companies Acts and all other entities, including insolvent partnerships and foreign companies, which may be wound up under the Insolvency Act 1986. It also deals with administration applications. 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.
A particular feature of the book is its analysis of the matters which are taken into account in the exercise of discretion, an aspect of the equitable jurisdiction applied to winding-up applications.
Table of Contents
1. Jurisdiction, sources and generally applicable rules ; 2. Presentation of a winding-up petition ; 3. Between filing and hearing ; 4. Hearing the petition and making the order ; 5. Review of orders ; 6. Petitions by creditors ; 7. Petitions by contributories ; 8. Other petitioners ; 9. Compulsory liquidation of a company already subject to insolvency proceedings ; 10. Protecting a company's property while a winding-up petition is pending ; 11. Appointment of a provisional liquidator
Derek French has worked in business and legal publishing for over 20 years as a freelance editor and writer. He is editor of Blackstone's Statutes: Company Law and is principal author of Mayson, French and Ryan on Company Law.