Corporate Restructuring & Insolvency - Practical Aspects & More

Introduction

As the economic position continues to be difficult, many businesses face the difficult choice of restructuring or entering into an insolvency regime - willingly or otherwise.

This new virtual classroom seminar covers certain practical aspects applicable to corporate restructuring and corporate insolvency.

It also explains the different insolvency procedures available, the advantages and disadvantages of each, and the main factors to be taken into account in each case.

What You Will Learn

This live and interactive course will cover the following:

• The use of moratoria
• Restructuring under Part 26A of the Insolvency Act
• The benefits of a Company Voluntary Arrangement
• Risks for directors on both liquidation and administration
• Why administration rather than liquidation?
• The sale of a business and/or assets within the administration process, including pre-pack administrations and a detailed discussion of the Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2020
• Voluntary or compulsory liquidation?
• The sale of a business and/or assets within the liquidation process
• TUPE issues arising from restructuring through an insolvency process with a discussion of relevant case law, including Oakland v Wellswood, Key 2 Law (Surrey) LLP v Gaynor De'Antiquis, Spaceright Europe Limited v Baillavoine and Another and Zaman and Others v Kozee Sleep Products Limited
• Restrictions on the re-use of a prohibited name (Section 216 and Section 217 Insolvency Act 1986)
• Remuneration of director shareholders including excessive remuneration and the dangers of unlawful dividends including a discussion of Global Corporate v Hale and Toone v Robbins, Re Bronia Buchanan Associates Ltd (In Liquidation), BAT v Sequana
• HM Revenue Bonds for ongoing trading
• The position of a landlord in insolvency, including a discussion of Re Atlantic Computers, Sunberry Properties Limited, Jervis v Pillar Denton Ltd, and In re Lundy Granite Company
• ‘Striking off’ a company from the Register of Companies

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.