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Buying and Selling Insolvent Companies and Businesses

Buying and Selling Insolvent Companies and Businesses

Buying and Selling Insolvent Companies and Businesses

Author: Ken Titchen; Susan Singleton
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781847665423
Published In: July 2010
Format: Paperback , 696 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

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Author

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Buying and Selling Insolvent Companies and Businesses considers all aspects of the sale and purchase of an insolvent company or business from inception to completion. It gives the reader a clear insight into matters that only arise when a target company is insolvent, and more importantly, shows how the issues interact.

This new title brings the specific legal and commercial aspects of the transaction into focus, whilst also informing the reader of the more unusual matters a practitioner may encounter. The controversy surrounding pre-pack administrations, carry-over of business name and stakeholder roles are all examined.

Other topics covered in the book are:

A review of the different forms of insolvency
Different structures for the transaction
Acquisition of assets
Pensions
Retention of target customers and suppliersBuying and Selling Insolvent Companies and Businesses is fully up-to-date to all relevant legislation including the Insolvency Act 1986, Insolvency Rules 1986 (as amended April 2010) and Companies Act 2006. It is also updated to case law such as the Statement of Insolvency Practice, Oakland v Wellswood (Yorkshire) Limited and Goldacre (Offices) Limited v Nortel Networks UK Limited (in administration) [2009].
Insolvency and turnaround professionals and lawyers and pre and post graduate students, will all have their understanding enhanced, along with M&A and general practice accountants, business advisors, directors and investors.

Full set of precedents to guide you through each transaction as it happens:
Business Transfer Agreement
Guaranteed liabilities
Novation of Contract
Intellectual Property Rights Assignment
Debenture
Guarantee and Indemnity

1. What is corporate insolvency?
2. Pre-pack administrations
3. Purchasing vehicles and section 216 of the Insolvency Act 1986
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

Ken Titchen is a partner at Sprecher Grier Halberstam LLP and has dealt with almost every aspect of restructuring and insolvency in his career. Ken regularly represents all possible stakeholders in distressed situations, whatever their position. He is also a Licensed Insolvency Practitioner.

Susan Singleton spent her early career at Slaughter and May and Bristows and now runs Singletons Solicitors (www.singlelaw.com), where she regularly advises on corporate acquisitions. She speaks weekly at various conferences, is the author of 30 books and publishes the legal newsletters IT Law Today, Corporate Briefing and Finance and Credit Law. She is Vice Chairman of the Competition Law Association.

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