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Kerr & Hunter on Receivers and Administrators (19th edition)

Kerr & Hunter on Receivers and Administrators (19th edition)

Author: Dr Sandra Frisby; Malcolm Davis-White, QC
Publisher: Sweet & Maxwell U.K.
ISBN: 9781847037541
Published In: December 2009
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The 19th edition of Kerr & Hunter on Receivers and Administratorssets out the legal principles, explains the legislation and interprets the relevant case law. Covering both corporate and personal insolvency the book considers the duties, and responsibilities of both administrators and receivers. It:

Includes the developments of the UNCITRAL Model system in both the EU and US
Gives you the latest rulings and case study material on Cross Border Insolvency in respect of EU regulations
Discusses the rulings of the Spectrum case and its impact on the 'charge on book debts' jurisprudence
Illustrates potential judicial conflicts within the practice area of administration
Discusses the Proceeds of Crime Act 2002 including the abolition of the Assets Recovery Agency and transfer of its main civil recovery functions to the Serious Organised Crime Agency
Considers development in relation to the 'prescribed part' for the unsecured creditors in receivership and administration
Contains a full exposition of the law and practice of administrative receivership as it applies in Scotland
Includes a comprehensive account of the highly important taxation position in both receivership and administration

THE APPOINTMENT OF RECEIVERS BY COURT

Principles on which a Receiver is appointedby the Court
In what cases a Receiver will be appointed
Over what property a Receiver mustbe appointed
Who may be appointed Receiver
Modes of appointing a Receiver of the Court

THE STRUCTURE OF THE COURT - APPOINTED RECEIVERSHIPS

Effect of appointment and possession of a Receiver
Powers and duties of a Receiver
Liabilities of a Receiver
Managers
Remuneration and Expenses of Receiver
Receiver’s Accounts
Discharge of a Receiver
Liabilities and rights of Receiver’s sureties

ADMINISTRATION: OTHER PROCEDURES

Administrators: Judicially and extra-judicially appointed
The Administrator in Office: Powers and Duties
Conversion from Administration into other forms of proceeding
The Cessation of the effect of the Administrator’s appointment and the termination of the administration

RECEIVERS APPOINTED OUT OF COURT

General principles governing Appointment
Appointments under statutory powers
Appointments over the property of company

ADMINISTRATIVE RECEIVERS

Status and powers of an administrative receiver
Administrative Receiver’s relationship withthe unsecured creditors
Administrative Receiver’s relationship with the company and its staff: Contracts of employment, residual powers of the Directors
Extra-territorial extent of floating chargesand receiverships
Effects of liquidation on administrative receivership
Termination of administrative receivership

RECEIVERSHIP IN SCOTLAND

The Receiver in Scotland

THE TAXATION OF RECEIVERS AND ADMINISTRATORS

The Taxation of Receivers and Administrators

OTHER PROCEDURES

The Proceeds of Crime Act 2002: Receivers under Criminal Confiscation Statutes
The EC Regulation on Insolvency proceedings 2000 and the Cross Border Insolvency Regulations 2006
The fund for unsecured creditors: The “Prescribed Part”