Buying and Selling Insolvent Companies and Businesses

2. Auflage 2013
ISBN: 978-1-78043-201-4
Verlag: Bloomsbury

Buch, Englisch, 448 Seiten, Paperback, Format (B × H): 156 mm x 248 mm, Gewicht: 702 g

Buying and Selling Insolvent Companies and Businesses is a practical legal guide to the sale and purchase of insolvent companies and businesses. It aims to be a comprehensive guide to its readers, being useful to insolvency practitioners and other professionals involved in insolvency, including lawyers, accountants, company directors and company secretaries. It is also of use to potential investors and their advisers as well as being of interest to students who may wish to specialise in insolvency.

Updated to include:

Further consultation on pre-pack administrations resulting in a government statement;
Further decision from the ECJ on where the Centre of Main Interests of a company is, which impacts on whether administration in the UK is available and COMI shifting;
New competition law guidance on mergers and proposed changes to UK merger law when the OFT and Competition Commission merge;
A raft of new cases on how directors appoint administrators;
Goodwill IP rights and data protection - coverage of the new proposed data protection directive and new case law relevant to mergers;
New Court of Appeal authority on employees and clarity as to when TUPE will apply on a business sale by administrators;
New Employment Tribunal authority on employee claims for failure to consult before dismissal;
New Court of Appeal authority on the status of claims by The Pensions Regulator;
Further developments in the treatment of landlords on a restructuring;
New case law on landlords' claims as an expense of administration;
Distressed sales are getting more frequent and sector focused, such as retail, care homes, professional services and there are likely to be further developments.

Previous ISBN: 9781847665423

Autoren/Hrsg.

Titchen, Ken

Singleton, Susan

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1 What is Corporate Insolvency?
2 Pre-pack Administrations;
3 Purchasing Vehicles and Insolvency Act 1986, s 216;
4 Due Diligence;
5 Raising Funds;
6 Secured Creditors;
7 Goodwill, Intellectual Property Rights and Data Protection Act Issues;
8 Excluded Assets;
9 Employees;
10 Pension Schemes;
11 How to Deal with Existing Customers and Work in Progress;
12 How to Deal with Suppliers;
13 Leasehold Premises.

Über Autor(innen)

Singleton, Susan
Susan Singleton is a solicitor with her own London commercial solicitor's firm, Singletons (www.singlelaw.com) which advises a large range of UK and international clients on business law with particular emphasis on litigation, competition law and IP/IT. Author of 33 law books and contributor to 49 more, she writes regularly on legal matters for a variety of publications. She is a frequent speaker having given about 1700 legal courses/lectures since 1990 in 16 countries i.e. in the UK, Austria, Belgium, Dubai, France, Germany, Holland, Hungary, Iran, Ireland, Nigeria, Spain, Sweden, Switzerland, Trinidad and Turkey. She publishes ten subscription legal newsletters acquired from Informa including - IT Law Today, Corporate Briefing, Pensions Today, Finance and Credit Law and International Trade Finance. She practised first at Slaughter and May and Bristows before founding her own firm in 1994. She recently sat on the Direct Marketing Authority for 5 years and was Vice Chairman of the Competition Law Association. In 2020 she was one of the Society of Computers and Law Female Tech Law Heroes. A mother of five (her daughters both qualified as solicitors in 2011/12 and two of her youngest children, twin sons are due to qualify as solicitors in 2024) in her spare time she plays the piano, sings and tends her garden. She has three grandchildren. She is past Chairman of Pinner Hill Residents Association and until recently enjoyed her own island in Panama. She can be followed on twitter at singlelaw.

Titchen, Ken
Ken Titchen has been a solicitor for over 19 years, and he has dealt with almost every aspect of restructuring and insolvency in his career. He joined Gateley LLP in London in 2011, after spending most of his career with another national law firm. Ken carries out mostly non-contentious assignments in the UK and, together with professionals in other jurisdictions, across Europe and the United States. Ken represents lenders and insolvency practitioners, boards of directors, turnaround professionals and other stakeholders in distressed businesses, and he has recently been involved in assisting major clearing banks and insolvency practitioners in several high profile UK restructurings.

Ken has written a number of articles and legal updates, and is a regular speaker on restructuring and insolvency related topics at training seminars and conferences, whether they are local, national or international events. Ken is a member of the Association of Business Recovery Professionals (R3), the Insolvency Lawyers Association and INSOL Europe, and he works closely with colleagues who are members of the Turnaround Management Association (UK) and the Institute for Turnaround. Ken is a Licensed Insolvency Practitioner (non appointment taking).

Ken Titchen is a partner at Gateley. He has wide ranging experience of all aspects of corporate recovery and insolvency with an emphasis on non-contentious matters, together with restructuring and turnaround work. He has advised lenders, insolvency practitioners, companies and directors, creditors and stakeholders for over 16 years, operating across a wide variety of industries and business sectors.

Susan Singleton is a solicitor with her own London firm, Singletons. Her clients range from major plcs and institutions to small start up businesses. She is author of over 30 law books on topics such as internet and ecommerce law, competition law, commercial agency law, data protection legislation and intellectual property and writes twenty legal articles a month. She is a frequent speaker in the intellectual property, competition and commercial law fields, both in the UK and abroad.