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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Buying and Selling Insolvent Companies and Businesses 2nd ed

ISBN13: 9781780432014
Previous Edition ISBN: 9781847665423
Published: June 2013
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Paperback
Price: £95.00

Low stock.

Buying and Selling Insolvent Companies and Businesses is a practical legal guide to the sale and purchase of insolvent companies and businesses.

It aims to be a comprehensive guide to its readers, being useful to insolvency practitioners and other professionals involved in insolvency, including lawyers, accountants, company directors and company secretaries. It is also of use to potential investors and their advisors as well as being of interest to students who may wish to specialise in insolvency.

Updated to include:-

  • Further consultation on pre-pack administrations resulting in a government statement
  • Further decision from the ECJ on where the Centre of Main Interests of a company is, which impacts on whether administration in the UK is available and COMI shifting
  • New competition law guidance on mergers and proposed changes to UK merger law when the OFT and Competition Commission merge
  • A raft of new cases on how directors appoint administrators
  • Goodwill IP rights and data protection - coverage of the new proposed data protection directive and new case law relevant to mergers
  • New Court of Appeal authority on employees and clarity as to when TUPE will apply on a business sale by administrators
  • New Employment Tribunal authority on employee claims for failure to consult before dismissal
  • New Court of Appeal authority on the status of claims by The Pensions Regulator
  • Further developments in the treatment of landlords on a restructuring
  • Distressed sales are getting more frequent and sector focused, such as retail, care homes, professional services and there are likely to be further developments.

Insolvency Law, Company Law
1. What is Corporate Insolvency?
2. Pre-pack Administrations
3. Purchasing Vehicles and Insolvency Act 1986, s 216
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
A. Business transfer agreement
B. Assignment of intellectual property and rights
C. Novation of contract
D. Sample retention of title clauses
E. Debenture
F. Guarantee and indemnity
G. Guaranteed Liabilities;