Corporate insolvencies happen because companies become excessively indebted. Under UK law, a company is a separate legal person from the people who have invested money and labour into it, and it mediates a series of interest groups.[15] Invariably the shareholders, directors and employees' liability is limited to the amount of their investment, so against commercial creditors they can lose no more than the money they paid for shares, or their jobs. Insolvencies become intrinsically possible whenever a relationship of credit and debt is created, as frequently happens through contracts or other obligations. In the section of an economy where competitive markets operate, wherever excesses are possible, insolvencies are likely to happen. The meaning of insolvency is simply an inability to repay debts, although the law isolates two main further meanings. First, for a court to order a company be wound up (and its assets sold off) or for an administrator to be appointed (to try to turn the business around), or for avoiding various transactions, the cash flow test is usually applied: a company must be unable to pay its debts as they fall due. Second, for the purpose of suing directors to compensate creditors, or for directors to be disqualified, a company must be shown to have fewer overall assets than liabilities on its balance sheet. If debts cannot be paid back to everybody in full, creditors necessarily stand in competition with one another for a share of the remaining assets. For this reason, a statutory system of priorities fixes the order among different kinds of creditor for payment.
Companies and credit
Main articles: UK company law, English contract law, English property law, and UK commercial law
The credit ratings industry is dominated by Fitch, Moody's and S&P, with London headquarters in Canary Wharf. Companies pay the rating agencies to rate them, because this provides access to cheaper loans.
Companies are legal persons, created by registering a constitution and paying a fee, at Companies House. Like a natural person, a company can incur legal duties and can hold rights. During its life, a company must have a board of directors, which usually hires employees. These people represent the company, and act on its behalf. They can use and deal with property, make contracts, settle trusts, or maybe through some misfortune commission torts. A company regularly becomes indebted through all of these events. Three main kinds of debts in commerce are, first, those arising through a specific debt instrument issued on a market (e.g. a corporate bond or credit note), second, through loan credit advanced to a company on terms for repayment (e.g. a bank loan or mortgage) and, third, sale credit (e.g. when a company receives goods or services but has not yet paid for them.[16] However, the principle of separate legal personality means that in general, the company is the first "person" to have the liabilities. The agents of a company (directors and employees) are not usually liable for obligations, unless specifically assumed.[17] Most companies also have limited liability for investors. Under the Insolvency Act 1986 section 74(2)(d) this means shareholders cannot be generally sued for obligations a company creates. This principle generally holds wherever the debt arises because of a commercial contract. The House of Lords confirmed the "corporate veil" will not be "lifted" in Salomon v A Salomon & Co Ltd. Here, a bootmaker was not liable for his company's debts even though he was effectively the only person who ran the business and owned the shares.[18] In cases where a debt arises upon a tort against a non-commercial creditor, limited liability ceases to be an issue, because a duty of care can be owed regardless. This was held to be the case in Chandler v Cape plc, where a former employee of an insolvent subsidiary company successfully sued the (solvent) parent company for personal injury. When the company has no money left, and nobody else can be sued, the creditors may take over the company's management. Creditors usually appoint an insolvency practitioner to carry out an administration procedure (to rescue the company and pay creditors) or else enter liquidation (to sell off the assets and pay creditors). A moratorium takes effect to prevent any individual creditor enforcing a claim against the company. so only the insolvency practitioner, under the supervision of the court, can make distributions to creditors.
Selasa, 06 Agustus 2013
though he was effectively the only person
Posted by fggg | 04.31 |
Langganan:
Posting Komentar (Atom)
BESTSELLER
-
Perfect Shutters 18W in. Country Style Vinyl Shutters Ebony Green Shop for from Hayneedle.com! Enhance the architecture and make a statemen...
-
Black Wooden Caddy Bucket Just in time to hit the golf course, practical and stylish buckets that will decorate your home or your country cl...
-
Country Gingham Wall Art Shop for Wall Decorations from Hayneedle.com! Country Gingham Wall Art Cheap country home decor N/A Accent your H...
-
Skyline Furniture Border Panel Bed 65XBED (Black) Size: California King, Finish: Purple Skyline Furniture Rejuvenate your bedroom with this...
-
Skyline Furniture Panel Bed 83XBED (Velvet Aubergine) Size: King, Finish: Velvet White Skyline Furniture Assure yourself the bedroom of you...
-
Perfect Shutters 18W in. Country Style Vinyl Shutters Chocolate Chip Shop for from Hayneedle.com! Enhance the architecture and make a state...
-
Pennsylvania Dutch Cast Iron Shelf Bracket - 6-3/8" x 4-5/8" - Black Powder Coat The Pennsylvania Dutch Cast Iron Shelf Bracket fe...
-
Perfect Shutters 18W in. Country Style Vinyl Shutters Black Shop for from Hayneedle.com! Enhance the architecture and make a statement with...
-
Country Living Pure Spun Bath Towel This bath towel from the Pure Spun Towel Collection coordinates with hand towels and wash cloths, in a w...
-
Perfect Shutters 18W in. Country Style Vinyl Shutters Pine Green Shop for from Hayneedle.com! Enhance the architecture and make a statement...
ALL PRODUCTS
-
▼
2013
(587)
-
▼
Agustus
(63)
- Buy Now Best Price for Perfect Shutters 18W in. Co...
- For sale online Privilege Ceramic Owl Vase 77070/7...
- Buy Now Best Price for Perfect Shutters 18W in. Co...
- The cheapest online JS@home Holmes Platform Bed HL...
- Sale Ty Pennington Style Square Wicker Plant Stand...
- Compare Perfect Shutters 18W in. Country Style Vin...
- Buying JS@home Holmes Platform Bed HL60 Finish: Nu...
- Get Special Discount Perfect Shutters 18W in. Coun...
- Bargain JS@home Holmes Platform Bed HL60 Finish: C...
- Cheap Perfect Shutters 18W in. Country Style Vinyl...
- The cheapest online JS@home Holmes Platform Bed HL...
- Special Discount Perfect Shutters 18W in. Country ...
- Who sells the cheapest online JS@home Holmes Platf...
- Lower Price Perfect Shutters 18W in. Country Style...
- For sale JS@home Holmes Platform Bed HL60 Finish: ...
- The cheapest online Perfect Shutters 18W in. Count...
- Price compare Perfect Shutters 18W in. Country Sty...
- Online Shopping for JS@home Holmes Platform Bed HL...
- I Want to Buy Perfect Shutters 18W in. Country Sty...
- Low price JS@home Holmes Platform Bed HL60 Finish:...
- Discounted Perfect Shutters 18W in. Country Style ...
- Bargain JS@home Holmes Platform Bed HL60 Finish: C...
- Best Perfect Shutters 18W in. Country Style Vinyl ...
- Cheapest online Oxford Creek Rustic Cocktail Table
- More Details for Privilege Ceramic Owl Vase 77070/...
- Deals for Perfect Shutters 18W in. Country Style V...
- Deals for Perfect Shutters 18W in. Country Style V...
- Price comparisons Emerald Home Bellevue Trestle Di...
- Get the best price for Perfect Shutters 18W in. Co...
- Compare prices for 48 in. - 84 in. Wide Window Rod
- For sale Emerald Home Bellevue Trestle Dining Table
- Best Perfect Shutters 18W in. Country Style Vinyl ...
- Best Perfect Shutters 18W in. Country Style Vinyl ...
- Get the best price for Pure Country Weavers Classi...
- For sale Pure Country Weavers Classic Tails Tapest...
- Price comparisons Perfect Shutters 18W in. Country...
- Get cheap Perfect Shutters 18W in. Country Style V...
- Get Special Discount Privilege Ceramic Owl 66605
- Product Review for Zingz & Thingz Cowboy Country F...
- Low price Perfect Shutters 18W in. Country Style V...
- Buy Now Best Price for Perfect Shutters 18W in. Co...
- Get Discount Now 9ft Pre-Lit 1,000 Clear Lights Ke...
- On Amazon Wood Country Cedar Raised Garden Bed, 4 ...
- Cheap online Perfect Shutters 18W in. Country Styl...
- Who sells the cheapest Perfect Shutters 18W in. Co...
- Compare prices Wood Country Cedar Wood Deluxe Mast...
- Buy Now Best Price for Wine Country Cabinet
- Bargain Perfect Shutters 18W in. Country Style Vin...
- What is the best price for Perfect Shutters 18W in...
- Get cheap Wood Country Cedar Wood Deluxe Master Ga...
- Special Discount Perfect Shutters 18W in. Country ...
- Online Wood Country Cedar Wood Deluxe Master Garde...
- though he was effectively the only person
- Compare prices Wood Country Cedar Wood Deluxe Mast...
- Compare prices for Perfect Shutters 18W in. Countr...
- Great Dicount for Perfect Shutters 18W in. Country...
- Lower Price Wood Country Cedar Wood Deluxe Master ...
- Online Shopping for 9ft Pre-Lit 1,000 Clear Lights...
- Great Dicount for Perfect Shutters 18W in. Country...
- Compare Perfect Shutters 18W in. Country Style Vin...
- Online Discount Wood Country Cedar Raised Garden B...
- Buy online Wood Country Cedar Wood Deluxe Master G...
- Where can you buy Perfect Shutters 18W in. Country...
-
▼
Agustus
(63)
Recent Posts
Categories
About Me
Diberdayakan oleh Blogger.
0 komentar:
Posting Komentar