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Kerr & Hunter on Receivers and Administrators
Kerr & Hunter on Receivers and Administrators
20th Edition
Practice Area:  Insolvency
ISBN:  9780414046436
Published by:  Sweet & Maxwell
Publication Date:  13 Dec 2017
Format:  Hardback
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PRODUCT DESCRIPTION
First published in 1869, Kerr & Hunter on Receivers and Administrators sets 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 also explains when and why they are appointed, and whether appointed outside court or not. The author team takes the reader through all elements of receivership, administration, and administrative receivership, whatever the market.

  • Considers appointment out of court and emergency procedures
  • Describes the duties of office holders and their relationship with the company and its staff
  • Considers developments in relation to the ‘prescribed part’ for the unsecured creditors in receivership and administration
  • Provides a comprehensive overview of taxation in receivership and administration
  • Guides reader through impact of new legislative developments and reflects the latest rulings from both UK and EU courts.
  • Covers both corporate and personal insolvency and also includes a chapter on cross-border insolvency
  • Gives latest rulings and case study material on the recast EU Insolvency Regulation
  • llustrates potential judicial conflicts within the practice area of administration
CONTENTS
PART I THE APPOINTMENT OF RECEIVERS BY THE COURT IN ENGLAND AND WALES;
  • Principles on which a Receiver is Appointed
  • In what Cases a Receiver Will Be Appointed
  • Over what Property a Receiver may be Appointed
  • Who may be Appointed Receiver
  • Modes of Appointing a Receiver of the Court
  • Effect of Appointment
  • Possession of a Receiver

PART II THE STRUCTURE OF COURT-APPOINTED RECEIVERSHIPS;
  • Powers and Duties of a Receiver
  • Liabilities of a Receiver
  • Managers; Remuneration and Expenses of a Receiver
  • Receiver’s Accounts
  • Discharge of a Receiver In Company Cases
  • Liabilities and Rights of Receiver’s Sureties

PART III ADMINISTRATION
  • Administrators: Judicially and Extra-Judicially Appointed
  • The Administrator in Office: Powers and Duties
  • The Fund for Unsecured Creditors: the ‘‘Prescribed Part’’
  • Conversion from Administration into Other Forms of Proceeding
  • The Cessation of the Effect of the Administrator’s Appointment and the Termination of Administration

PART IV RECEIVERS APPOINTED OUT OF COURT
  • General Principles Governing Appointment
  • Appointments Under Statutory Powers
  • Appointments Over the Property of a Company

PART V ADMINISTRATIVE RECEIVERS
  • Status and Powers of an Administrative Receiver
  • Administrative Receiver’s Relationship with the 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 Charges and of Receiverships
  • Effects of Liquidation on Administrative Receivership;
  • Termination of Administrative Receivership
PART VII OTHER ISSUES
  • The Taxation of Receivers and Administrators

PART VII INTERNATIONAL ISSUES
  • The EC Regulation on Insolvency Proceedings and the Cross-Border Insolvency Regulations
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