8 & 9 Flashcards
What are round amounts a warning sign?
Suggests that the customer is unable to fully settle the bill and is making payments to keep them happy
What are investigating accountants?
Help bank customers who are experiencing difficulties (Paid by customer)
What is administration?
Legal process by which an official is appointed by court to administer the affairs primary focus is to rescue the company
Who pays administrators cost when secured liabilities is greater than value of secured assets?
Secured creditors
What are the routes into administration?
- Court - Following petition by any one or more shareholders, board, directors or creditors.
- Out of Court - Company must provide notice of their intention to appoint an administrator to any floating charge holder.
Do secured creditors have voting rights in respect of the administrators proposals?
No, unless there is a shortfall in the value of the security
With the out of court route for administration, what is the process for appointing an administrator?
Charge holder has 5 business days to appoint their own, if not then the company can proceed to appoint their own.
Once an administrator is in office, what must creditors get permission from the court to do?
- Collect his debt/enforce security
- Have the company wound up
Where must administrators advertise their appointment?
London Gazette, in one local paper as well as advising the registrar of companies
How many weeks after administrators appointment must they issue their statement?
8 weeks
How many weeks must the statement be presented to the creditors?
10 weeks
What happens if the creditors reject the administrators proposal?
The court can discharge the administration order or make an order it sees fit. (i.e wounding up the company)
Which 3 ways can a company have its existence terminated?
Wound up, struck off the register or dissolved by court order (for reconstruction)
What must debts exceed for winding up?
£750
What is unfair preference?
Preference in favour of one creditor to the detriment of all other creditors