This Bloomsbury Professional book 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 is insolvent, and shows how those matters interact with each other. This 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. The book also reviews the different forms of insolvency; different structures for the transaction; acquisition of assets; pensions and retention of target customers and suppliers. It is up-to-date with all relevant legislation at the time of publication, including the Insolvency Rules 1986 (as amended April 2010), Companies Act 2006 and case law such as the Statement of Insolvency Practice.
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Chapter 3 Purchasing Vehicles and Insolvency Act 1986, s 216
Chapter 7 Goodwill, Intellectual Property Rights and Data Protection Act Issues
Chapter 11 How to Deal with Existing Customers and Work in Progress
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