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The Corporate Insolvency and Governance Act 2020 introduced, on a temporary footing, substantial restrictions on a creditor’s ability to pursue a winding-up order against a company. For guidance on the position prior to 1 October 2021, see Practice Note: Corporate Insolvency and Governance Act 2020—temporary changes to corporate statutory demands and winding-up petitions [Archived]. For the regime applying from 1 October 2021 to 31 March 2022 (which included a higher threshold for petition debts and required a creditor to give 21 days’ notice of an intention to present a winding-up petition), see Practice Note: Corporate Insolvency and Governance Act 2022—winding-up petitions from 1 October 2021 to 31 March 2022 [Archived]. Serve statutory demand Prepare a statutory demand that contains the particulars mandated by rule 7.3 of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 (see Practice Note: Company statutory demand), and instruct a process server to effect service...
In this issue: WTO Trade in goods Customs Daily and weekly news alerts New and updated content Egypt launches two WTO safeguard investigations on import injury concerns The World Trade Organization noted that Egypt has opened two distinct safeguard probes to assess if rising import volumes are inflicting serious harm on local industries. Egypt has invited consultations, pursuant to Article 12.4, with relevant WTO members holding significant export interests in the products at issue. Stakeholders have 30 days from the date the Notice of Initiation appears in Egypt’s Official Gazette to file written submissions and corroborating evidence...
See Q&A: To what extent does section 27 of the Trustee Act 1925 provide protection for administrators on an intestacy against claims by unknown beneficiaries and creditors? Under section 27 of the Trustee Act 1925 (TA 1925), personal representatives may publish notice in the Gazette and a local newspaper, inviting anyone with an interest to deliver details of a claim within a period, no shorter than two months...
Practice Note This Practice Note sets out the applicable practice and procedure that applies to the winding up of a company (the debtor) pursuant to a creditors’ winding-up petition. The most frequent circumstances in which such a petition is presented are as follows: a creditor has served a statutory demand on the debtor and, after the 21-day period has lapsed, the company has not paid, secured, or compounded the amount due (see Practice Note: Company statutory demand)...
This glossary sets out numerous expressions regularly encountered in the restructuring & insolvency sphere. Words shown in bold within definitions are themselves explained in other entries in this glossary as well. A Article X The MLIJ contains a single provision named Article X, aimed at jurisdictions that have already implemented the MLCBI, like England, or are weighing its adoption. Article X states: ‘Not withstanding any prior interpretation to the contrary, the relief available under [insert a cross-reference to the legislation of this State enacting Article 21 of the UNCITRAL Model Law on Cross-Border Insolvency] includes recognition and enforcement of a judgment’ (see Practice Note: UNCITRAL model law on recognition and enforcement of insolvency-related judgments (MLIJ): Article X). Asset-backed security (ABS) A form of security anchored by asset pools, for example loans, leases, and credit card receivables. Assimilated law From 1 January 2024, ‘retained law’ has been retitled ‘assimilated law’. The body of domestic law originally arising from EU obligations, created by the European...
This Practice Note sets out the process for securing an order to extinguish vehicular rights over a highway and what the order should encompass. Section 249 of the Town and Country Planning Act 1990 (TCPA 1990) allows an order extinguishing vehicular rights on a highway to be made when specified conditions are met. The provision is principally employed for pedestrian schemes or to create a cul-de-sac from a side road that would otherwise run onto a busy main route. It can also be used to remove vehicular rights on a byway open to all traffic. See Practice Note: Public rights of way. Commencing closure of a highway is only possible where a planning authority resolves that the measure is required to enhance the amenity of its local area. Procedure for making orders The procedure for making orders under TCPA 1990, s 249 is provided by TCPA 1990, s 252. Before making an order, the Secretary of State or a London Borough Council must take the following steps: ...
[ insert name of company ] plc (Registered in [ insert country of incorporation ] with number [ insert company number ]) [ insert description of rights issue, eg Proposed [ insert offer ratio, eg 5 for 8 ] rights issue of [ insert total number new shares to be issued ] new ordinary shares of [ insert nominal value ] each at [ insert offer price ] per ordinary share ] This notice is issued, in accordance with section 562(3) of the Companies Act 2006, to every person whose name appears on the register at the close of business on [ insert date ] (the Rights Issue Record Date) as a holder of ordinary shares of [ insert nominal value ] each (the Ordinary Shares) in [ insert name of company ] plc (the Company) who does not have a registered address in the UK or an EEA State and has...
Company number: [ insert number ] [ insert company name ] Limited (the Company) Payment out of capital for redemption of shares in the company In accordance with section 719 of the Companies Act 2006, the Company hereby gives notice that: On [ insert date ], the shareholders sanctioned a payment out of capital under section 716 of the Companies Act 2006 to enable the Company to redeem [ insert number of shares ] [ redeemable ] shares of £[ insert nominal amount ] each; The permissible capital payment, as defined by section 710 of the Companies Act 2006, for the relevant shares is £[ insert amount ]; The directors’ statement and the auditors’ report required by section 714 of the Companies Act 2006 in relation to the proposed out-of-capital payment are available for inspection at [ [ the registered office of the Company ] OR [ insert details of relevant address ] ] ; and Any creditor of the Company...
Company number: [ insert number ] [ insert company name ] limited (the Company) PURCHASE OF OWN SHARES OUT OF CAPITAL The Company gives notice under section 719 CA 2006 that: On [ insert date ], the Company passed a special resolution approving a payment out of capital under section 716 CA 2006 to purchase [ insert number ] [ insert class ] shares of [ insert nominal value ] each in its capital; The permissible capital payment (section 710 CA 2006) for the purchase is £[ insert amount ]; The directors’ statement and the auditor’s report required by section 714 CA 2006, regarding the proposed payment out of capital, are available for inspection at [ [ insert address of the Company’s registered office ] OR [ insert details of the Company’s alternative inspection location complying with CA 2006, ss 720, 1136 and the Companies (Company Records) Regulations 2008, SI 2008/3006, reg 3 ] ]; Any Company creditor may, within five weeks...