Index

AuthorElspeth Berry/Rebecca Parry
Pages657-670

Index

References are to page numbers.

Adjustment of withdrawals 552 Administration
agricultural receivers and 242–2 banking partnerships 183 challenges to the administration order

151
costs 93
creditors’ committee 150 creditors’ meeting 142–4 entitlement to vote 145–8 further meeting called by creditors

149–50
notification of initial creditors’ meeting 142
possible outcomes of initial meeting

148–9
resolutions 144–150
effect of commencement 124–5 moratorium 125–32
exit from administration proceedings

176–7
automatic cessation 177 conversion to dissolution 181–2 conversion to winding up (LLPs)

180–1
discharge of a court-ordered administration 179
public interest winding up or administration 182–3 termination by the court on administrator’s application 178 termination by the court on creditors’ application 178–9

termination of out of court administration appointment 179–80

inability to pay debts as they fall due

98–9
overview 94
post-2002 93–4
prepackaged 123–4
purpose 94–5
better outcome than possible in liquidation 96–7
making a distribution 97–8
rescue as a going concern 95–6 statement of affairs 132–4, 138 statement of concurrence 132–4 statement of proposals 134–5 amendment of the proposals following approval 151–4 appointment of administrator and background information 135 conduct to date 135–6
ending of administration 137–8 intended future conduct 136–7 limitations on what may be proposed

138–9
statement of affairs and 138 submission 139–41
variation 137
Administrative receivers 185–7 administrative receiver’s report 216–

17
agency and liability 209–13 appointment procedure 205–6

658 Law of Insolvent Partnerships and Limited Liability Partnerships

Administrative receivers (continued) creditors’ committee 217–18 defaults in filing receivership accounts and other returns 218

definition 200–1
directions by the court 207 discharge of the charge 220
duties 213–15
eligibility for appointment 205 limitations on the use of administrative receivership 201–5
payment of debts by the receiver

218–20
powers 208–9
registration and disclosure of the charge

201
registration and notice of appointment

206–7
relationship between receivership and liquidation 221–3
relevant provisions of the Insolvency

Act 1986 200
removal of the receiver 220 remuneration and indemnity on vacation of office 220
statement of affairs 215–16 Administrators 58, 93
appointment
background information: statement of proposals 135
by agricultural floating charge holder

104–5, 121–2
by floating charge holder 100, 110,

111–15
by members of the partnership

106–8
court-ordered 101–3, 109–10, 120–

1
filing 107–8, 118
interim moratorium 120–2 interim powers 123
invalid appointment 108, 115 LLPs 108–19
notice of appointment 114–15 notice of intention to appoint 112–

13, 117–18 notification 107

out of court 103–4, 111–19, 121–2 partnerships 100–8
potentially invalid appointment 119 prevention of overlapping appointments 108, 118–19 restrictions on appointments 116–

17
cessation of appointment 176–7 automatic cessation 177 termination by the court on a creditors’ application 178–9 termination by the court upon administrator’s application 178 termination of out of court administration appointment 179–80
challenges to administrator’s conduct of the administration 169 misfeasance 171–2
unfair conduct or slow or inefficient performance 170–1
fees, expenses and liabilities 165–6 remuneration and expenses 168–9 sums due in respect of contracts entered into by administrator, or any predecessor 166–8 removal 172–3
replacement 173–4
resignation 172
roles 154
disposal of charged or hire-purchase property 161–2
general duties 155–6
general powers 156–61
making distributions to creditors

163–5
making of other payments 165 personnel 154–5
substitution 174–5
vacation of office 175–6 Affidavits 335–6
After-acquired property 516 Agricultural floating charge holders appointment of administrator 100,

104–5, 121–2 Agricultural receivers 187 administration and 242–4

agency 236
agricultural and other charges compared 240–1
appointment 235–6
disclosure of the charge 240
duties 236–8
granting an agricultural charge 231–3 Insolvency Act 1986 241–4
powers 236
priority of charges 234–5 registration and disclosure of the charge

233
rights and duties of the bank 238–9 rights and duties of the farmer 239–

40
voluntary arrangements and 242 Amalgamation 38–9
Articles of association 18
Assets 49
Associates 12–13
Association for Business Recovery

Professionals 48
see also R3 Standard Conditions Attachment of debt 373–5, 471–2 joint bankruptcy 522–3

Banking partnerships 183
Bankruptcy
duration and discharge of 396, 541–2 impact of partner’s bankruptcy 586 joint, see Joint bankruptcy Bankruptcy offences 527–32 Bankruptcy orders 264, 340, 343–4 annulment 501–2
joint bankruptcy, see Joint bankruptcy, bankruptcy orders
Bankruptcy petitions 263, 339 Bankruptcy restrictions orders 396,

542–5
joint bankruptcy 541, 542–5 Bankruptcy restrictions undertakings

396, 542–5
joint bankruptcy 543–5
Banks: rights conferred by agricultural charges 238–9
Book debts, liens on 560

Charged property
agricultural charges, see Agricultural receivers

disposal: administration proceedings

161–2
LLPs: receivership 192 discharge of the charge 197–8 disclosure of the charge 195–6 notice of receiver ceasing to act

197
registration of charge 192–5 registration of enforcement of security 196–7 partnerships 198–200
see also Floating charge holders Clawback 552
Co-debtors 69–70
Commercial rent arrears 502, 523 Company: definition 18 Company director disqualification:

CDDA 1986 397–8, 482, 563–4 application to limited partnerships

579
disqualification following an investigation 580 disqualification on grounds of fraudulent or wrongful trading 580
effect of disqualification 581–2 involvement in limited partnerships

584
involvement in LLPs 585 involvement in partnerships 582–4 general partnerships 564–5 applicable provisions 569–70 application of the CDDA by the

Insolvent Partnerships Order 1994 565–6
grounds for disqualification 570 interpretation 566
partnerships in administration 567–

9
provisions that do not apply to partnerships 570–1
impact of a partner’s bankruptcy 586 limited partnerships 571–3

660 Law of Insolvent Partnerships and Limited Liability Partnerships

Company director disqualification:
CDDA 1986 (continued)

LLPs 573–4
permission to carry on business 585 undertakings 581
unfit conduct 576
application to LLPs 579
conduct where the partnership or company has become insolvent 578
conduct which is relevant in all instances 577–8
unfitness 574
additional partnerships/LLPs/companies 576
‘become insolvent’ 575
officer of a partnership 575–6 Company voluntary arrangement (CVA) regime 42, 43, 88, 89, 139 Composition in satisfaction of debts 52–

3
Compulsory liquidation 262–3 Confiscation orders 263
Connected persons 12, 64–5 Contracts, rescission of 377, 474 Contributories
calls on 379–80, 475–6
list of 378, 474–5
LLPs 11
partnerships 10–11
taking wishes of into account 366–7,

468
Court involvement administration

LLPs 109–10, 120–2 partnerships 101–3, 120–2 inquiries by the court 376, 473
joint bankruptcy 524–5 liquidators, appointment of 357, 456 LLPs: winding up, see Liquidation:

LLPs, winding up by the court receivers, appointment of 188–9 accounts 256–7
application of a partner’s judgment creditor 261–2 appointment procedure 248–51

directions by the court 252–4 effect of the appointment 251–2 LLP in compulsory liquidation

262–3
Proceeds of Crime...

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