Monthly Archives: June 2011

MVL – A Summary

Introduction A Members’ Voluntary Liquidation (MVL) is a solvent liquidation that begins on the passing by the shareholders of a special resolution for the company to be wound up voluntarily. There is no involvement by the court. The procedure is … Continue reading

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TUPE Transfers in Administration | An update

OTG v Barke is the most recent judgment by the Employment Appeal Tribunal (EAT) on whether the Transfer of Undertakings (Protection of Employment) Regulations 2006 (known as ‘TUPE’) apply to sales by companies in administration under schedule B1 to the Insolvency … Continue reading

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Bribery Act Effective July 1 2011-Are you ready ?

The Government has at last confirmed that the Bribery Act 2010 will commence on 1st July 2011. The start date was delayed to await the publication of guidance by the Ministry of Justice. The guidance was published  and can be … Continue reading

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Keeping the Family Business !!

It is inevitable that when an individual or a family has devoted a lot of time and effort in developing their business or enterprise, they will wish to pass on the fruits of what they have achieved to the next … Continue reading

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Feed In Tariffs -A Summary

In these increasingly cost-conscious times, businesses are considering ways to improve revenues. One recent development which has the additional benefit of being “green” in this equally eco-conscious climate is the feed-in-tariff scheme (FITS). This came into force on 1st April … Continue reading

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Turnaround-CVA ?

In the current economic climate most businesses will experience temporary or longer term cash flow pressure resulting in stressful trading and creditor pressure. Managing creditors within reasonable cash flow parameters is not only an essential part of business operations but … Continue reading

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Challenging Guarantees -Non Disclosure

It is a sign of the times that lenders and other businesses extending credit are taking security wherever possible, and frequently that security is in the form of personal guarantees. It is equally a sign of the times that more … Continue reading

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Summary-Bribery Act 2010

Introduction The new Bribery Act, passed by parliament in 2010, was due to be implemented in April 2011.  However, at the end of January, a government spokesman said that the act would not come into force until three months after … Continue reading

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Tips-Get Paid on Time

The perpetual struggle to ensure customers pay their invoices on time is disproportionately debilitating for small and medium-sized enterprises (“SMEs”), especially in adverse economic conditions when budgets are squeezed and access to finance is limited. However you  can employ a … Continue reading

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Sale & Leaseback -Intention to Defraud Creditors

Delaney -v- Chen [2010] EWHC 6 (Ch) An appeal was made by Delaney following the Court’s decision that the sale and leaseback of a property he had purchased from the sellers at a price substantially lower than the unencumbered freehold … Continue reading

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