Legal Precedents

[ company name ] Special administration date: [ date ] Client’s details: Full name: [ enter name ] Client account no.: [ account number ] Address: [ enter address ] Email address: [ enter email address ] Total sum owed to the client as at the special administration order date: [ amount ] Account number Claim’s original currency Claim value: (a) in the original currency (b) in sterling ( GBP), £ Sum of claim for voting purposes (sterling) £ Note: You do not need to complete this form if you have already agreed your final statement or have submitted a Final Statement Query Form......

[ company name ] Date of special administration [ date ] Creditor’s name and address [ name, address and registered number ] Gross amount due to creditor at date of special administration order [ inclusive of VAT ]: £ Where the figure above contains any outstanding, not capitalised interest, please specify the amount: Deduct: (a) any later payment on account (b) any later credit notes (c) the estimated worth of any security held (d) the estimated value of any retention of title rights......

Income Payments Agreement This Agreement is entered into by: [ FULL NAME ] of [ ADDRESS ] (the Bankrupt) [ FULL NAME ] of [ FIRM AND FIRM’ S ADDRESS ], serving as [ joint ] trustee of the Bankrupt’s estate, together with any successor[ s ] in office, without personal liability (the Trustee) Background On [ DATE ], the [ COURT ] made a bankruptcy order against the Bankrupt under case number [ CASE NO ]; on [ DATE ], the Trustee was appointed to act as trustee of the Bankrupt’s estate. The Bankrupt has supplied the Trustee with a statement of monthly income and expenditure and, having considered the reasonable domestic needs of the Bankrupt and [ his OR her OR family ], the Trustee is of the view that the Bankrupt has surplus monthly income that can be claimed for the benefit of the...

Frequently Asked Questions—clients, investors or trade creditors These FAQs are provided solely for guidance in relation to the Special Administration of [ insert company ] and the Investment Bank Special Administration ( England and Wales) Rules 2011, SI 2011/1301. You should seek your own legal and other professional advisers for advice in relation to your claim. General FAQs What is a special administration? The Investment Bank Special Administration Regulations 2011, SI 2011/245 were brought in to enhance the process when an investment bank collapses or fails. [ Set out the distinctions from ordinary administration, the statutory objectives underpinning a special administration, the possibility of forming a creditors' committee, together with how costs are to be met in practice, eg the costs and expenses of returning client assets are to be paid out of relevant client assets and other costs and...

[ TO BE TYPED ON THE HEADED NOTEPAPER OF THE SPECIAL ADMINISTRATORS’ FIRM ] TO ALL KNOWN CREDITORS [ ENTER DATE ] [ name of Investment Bank ]—in special administration (the ‘ Investment Bank’) I am writing to inform you that I was appointed Joint Special Administrator of the Investment Bank on [ date ], together with my colleague, [ name of other special administrator ]. A formal notice of our appointment accompanies this letter. In accordance with the Investment Bank Special Administration Regulations 2011, SI 2011/245 (the ‘ Regulations’), the purpose of the special administration is to pursue the following objectives: secure the return of client assets as soon as reasonably practicable maintain prompt engagement with market infrastructure bodies and the authorities pursuant to Regulation 13; and to either: rescue the...

You have lately visited or got in touch with us in your role as a director of a company facing significant financial strain. This letter aims to highlight certain matters you should note in your capacity as a company director and in your personal role as a director of the business concerned. Where a company remains solvent and free from financial worry, the business and its directors generally owe only limited obligations to creditors, broadly speaking. In that situation, duties owed to shareholders take priority. By contrast, in particular once a company is insolvent, or approaching that position in the ‘twilight zone’, directors’ obligations move from shareholders to creditors. You must recognise this shift and conduct yourself accordingly. In light of the above, as a director of a company in financial difficulty you will be required to make challenging choices about how the company is run and,...

Applicant: [ NAME OF WITNESS ] First witness statement; Dated: [ insert ] — Exhibit: [ XX1 ] — Court ref. no: [ INSERT COURT REF. NUMBER ] [ IN THE HIGH COURT OF JUSTICE ] Business and Property Courts [ of England and Wales ] [ in [ INSERT LOCATION ] ] [ Company & Insolvency List ( Ch D) ] Or [ in the County Court at [ INSERT LOCATION ] ] [ Business and Property Courts List ] Or [ in the High Court of Justice ] [ Chancery Division ] In the matter of [ INVESTMENT BANK NAME ]; in the matter of the Investment Bank Special Administration Regulations 2011; and in the matter of the Insolvency Act 1986 WITNESS STATEMENT OF [ WITNESS NAME ] I, [ witness name ], being a director [ and chairperson ] of [ investment bank name ] of [...

[ To be prepared on the headed notepaper of the special administrators’ firm ] To all known clients [ Enter date ] [ name of Investment Bank ]—in special administration (the ‘ Investment Bank’) Please be advised that, on [ date ], my partner, [ name of other special administrator ], and I were appointed as Joint Special Administrators of the Investment Bank. A formal notice of appointment is enclosed......

[ INSERT NAME OF INVESTMENT BANK ] Minutes of the meeting of the board of directors of [ insert name of investment bank ] (the ‘ Company ’) convened at [ insert location ] on [ month ] [ year ] at [ time ] am/pm. PRESENT: NAME POSITION ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ IN ATTENDANCE: NAME POSITION ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ [ APOLOGIES FOR ABSENCE RECEIVED FROM: ................................ ................................] 1 Chairperson [ Name ] was appointed to chair the meeting. 2 Notice and quorum The chairperson confirmed that proper notice had been issued for the meeting and that a quorum was in attendance. Accordingly, the chairperson declared the meeting duly open......

Prepared regarding [ name of borrower ] (a limited company registered in England and Wales with company number [ company number ]) Prepared for [ name of lender ] By [ name of law firm ] Date: [ date ] 1 Scope This report addresses the validity and enforceability of the security held by [ name of lender ] (the Lender) in connection with the obligations of [ name of Borrower ] (the Borrower). We have evaluated the enforcement avenues open to you should you elect to pursue enforcement action. Definitions are provided in Appendix 1 to this report. Our analysis is based on the documents you supplied, as itemised in section 4, together with the searches described in Appendix 3. [ We have not undertaken a detailed review of the terms of any relevant loan facilities for the purposes of this report. If you require a review of the loan...

This Assignment is dated [ insert day and month ] 20[ insert year ]. Parties 1 [ insert name of Assignor ], a company incorporated in England and Wales with registered number [ insert company number ], having its registered office at [ insert address ] (the Assignor); and 2 [ insert name of Lender ] of [ insert address ] (the Lender). Background The Lender has agreed to provide a loan facility to the Assignor on the terms and conditions contained in the Facility Agreement (as defined below). As a condition precedent to the loan facility being available, the Assignor must enter into this Assignment to create security in favour of the Lender for the Secured Obligations (as defined below)......

This Deed is dated [ insert date ] Parties [ insert name of lender ] [ a company ] registered in [ England and Wales ] with number [ insert registered number ], having its registered office at [ insert address of registered office ] (the Lender); and [ insert names of receivers ] of [ insert name of receivers' firm ] at [ insert address of receivers’ firm ] (the Receivers) Background ( A) Under the Legal Charge, [ insert name of borrower ] charged the [ Property OR Properties ] in favour of the Lender. ( B) By a written appointment dated [ insert date ], the Lender appointed the Receivers as joint receivers of the [ Property OR Properties ] in accordance with the terms of the Legal Charge. 1 Definitions and...

Introduction The current time is [ insert the exact time ] and I commence the creditors' meeting of [ insert name of the company or LLP ( Company) ], convened as a general meeting of creditors pursuant to the Insolvency Act 1986 ( IA 1986) and the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, as amended. My name is [ insert name ], of [ insert firm or company name ], acting as [ insert details of role of the chair, eg adviser/[joint] administrator/[provisional] liquidator etc ]. The meeting being held today is quorate, as the required minimum number of creditors is in attendance......

Note: This template is a claimant Part 36 offer letter; it does not deal with CPR 36 provisions that apply specifically to fixed costs matters. For guidance on Part 36 offers in fixed costs cases, see Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023). [ insert name and address of the defendant or their legal representative ] [ insert date ] Without prejudice—save as to costs Dear [ insert organisation name ] [ Pre-action ] Part 36 offer [ Claimant v Defendant— Case number ] We write in relation to the above [ potential ] matter, in which we represent [ insert name of your client ]. [ Our client remains confident that it is entitled to [ insert brief nature/details of dispute ], but as [ insert...

Court Reference No: [ ENTER COURT REFERENCE ]...

This Deed is entered into on [ date ] Parties [ insert name of third party security provider ], a company incorporated in England and Wales with registered number [ insert company number ], whose registered office is at [ insert address ] (the Obligor); and [ insert name of Lender ] of [ insert address ] (the Lender). Background The Lender has made available a loan facility to the Borrower (as defined below) on the terms and conditions set out in the Facility Agreement (as defined below). The Lender and the Borrower now intend to amend the Facility Agreement on the terms and conditions contained in the Amendment Agreement (as defined below). It is a condition precedent to the Amendment Agreement that the Obligor enter into this Deed......

CASE NO: [ insert case number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALESINSOLVENCY AND COMPANIES LIST ( Ch D) IN THE MATTER OF [ insert company’s name ] AND IN RESPECT OF THE INSOLVENCY ACT 1986 BETWEEN [ insert names(s) of the Applicant(s) ] Applicant(s) AND [ insert names(s) of the Respondent(s) ] Respondent(s) My assessment is that this case will take the court approximately [ ... ] mins/hours. I confirm this is urgent business, and that: the application ought to be heard at the earliest possible time; or the application needs to be listed before [ specify date ]. It cannot wait to be heard by the ICC Judge in the usual sequence, because [ specify reasons...

Company number: [insert number] [insert company name] [ Limited OR PLC] Minutes of a meeting of the board of directors (the Meeting) of [insert full name of company] (the Company) Held at [insert place of meeting] Held on [insert day, month and year of meeting] at [insert time of meeting] [am OR pm] Present: [insert name of director to be chair] ( Chair) [insert names of directors who are physically present] [insert names of any directors present by telephone as permitted by the Company’s articles of association] (by telephone) [insert names of any directors present by other means permitted by the Company’s articles of association] (by [insert other means]) In attendance: [insert names of those in attendance who do not count towards the quorum (eg the company secretary, any legal advisers) (if...

[ To be produced on the company’s headed paper ] To: [ Name and postal details of the lender who is to appoint the receiver ] [ insert lender’s name ] [ insert postal address ] [ insert fax number ] [ insert email address ] [ copy: [ state to whom ] ] VIA [ HAND DELIVERY OR FIRST- CLASS POST OR FACSIMILE OR EMAIL ] Dear [ insert organisation’s name ] Invitation to......

[ To be printed on the headed paper of the lender ] [ insert date ] To: [ insert name and address of borrower ] Dear [ insert full name of borrower ] We hereby make reference to the facility agreement dated [ insert date of facility agreement ] entered into by [ insert name of borrower ] (the Borrower) and [ insert name of lender ] (the Lender), as from time to time amended, novated, supplemented, restated or replaced in accordance......