Meaning of Liquidation Liquidation or winding up is a legal term and refers to the procedure through which the affairs of a company are wound up by law. Winding up of a company has been defined in the companies Act‚ 1956 as “the process whereby its life is ended and its property is administered for the benefit of its creditors and its members. An Administrator called Liquidator‚ is appointed and he takes control of the company‚ collects its assets pays its debts and finally distributes any surplus
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Part 3 The bankruptcy of Enron not only significantly impact the employment and pension of workers‚ but also the relevant major financial institutions‚ including investment Banks‚ commercial Banks‚ pension funds and mutual funds. On Feb. 14th‚ 2002‚ the international accounting standards foundation chairman and former Federal Reserve chairman Paul pointed out that the obvious problems in accounting and auditing profession has formed a kind of crisis after a long-term period of existence. A typical
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Lehman Brothers Bankruptcy of 2008 Kim Bonville Corporate finance Case Study for Week 5 In 2007 Lehman Brothers underwrote more backed securities than any other firm in the investment banking industry. Their portfolio was $85 billion and this was four times the shareholders equity. The history of Lehman Brothers‚ they are a worldwide financial bank and they are the fourth largest investment bank in the United States. Their services they offer are investment
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Eastern Airlines Facing Bankruptcy In 1986‚ Eastern Airlines was in desperate trouble. The fourth quarter of 1985 had shown a $67.4 million loss‚ and financially experts had told Frank Borman‚ president and chief executive officer‚ that the airline had three choices: 1) a 20 percent pay cut for all union and noncontract employees. 2) Filing for Chapter 11 (bankruptcy) or 3) Selling the airline. On February 23‚ 1986‚ Eastern’s board of directors met to decide the
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The collapse of the Irish economy has triggered a substantial increase in the number of companies in Ireland which are being deemed insolvent and which are no longer in a position to continue operating as viable entities. This has caused the companies directors‚ creditors and shareholders to seek remedies available under Irish law. The law in Ireland regarding companies in financial difficulties was originally set out by the Companies Act 1963‚ which was amended in 1990‚ and then again in 1999. All
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ABHINAV NATIONAL MONTHLY REFEREED JOURNAL OF REASEARCH IN COMMERCE & MANAGEMENT www.abhinavjournal.com CORPORATE DEBT RESTRUCTURING: CONCEPT‚ ASSESSMENT AND EMERGING ISSUES C.S.Balasubramaniam Professor‚ Babasaheb Gawde Institute of Management Studies‚ Mumbai Email: balacs2001@yahoo.co.in ABSTRACT Corporate Debt Restructuring (CDR) has been used by the companies while facing ugly finances and the bankers willing to consider a flexible mechanism such as CDR‚ as the banks /financial institutions
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Article 1216 Right of the creditor to proceed against any solidary debtor * Not applicable to a joint obligation. It reiterates the rule hat in a solidary obligation (passive solidarity)‚ any one or some or all of the solidary debtors may simultaneously‚ may be made to pay the debt so long as it has not been fully collected. Article 1217 Effects of payment by a solidary debtor 1. Between the solidary debtors and creditor(s) –payment made by one of the solidary debtor extinguishes the obligation
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Winding up of Company: Winding up of a company is the process whereby its life is ended and its property administered for the benefit of its creditors and members. An administrator called a liquidator‚ is appointed and he takes control of the company‚ collects its debts and finally distributes any surplus among the members in accordance with their rights. Kind of Companies can be wound up: Only a limited company can be wound-up. The term "winding-up" (or "wound-up") bears a similar meaning of
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In the beginning‚ state that all sections are in reference to Corporations Act 2001 unless stated otherwise. Company finance and fundraising Equity (share) Finance Issue of shares Company has power to issue shares: s124(1)(a) Management powers: s198A Company can determine terms of issue and rights and restrictions: s254B Issuing shares that have pre-emptive rights (for proprietary companies only): s254D Classes of shares Ordinary shares Preference shares Right to vote at general meeting
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Modes of Extinguishment of Obligations Payment or performance Loss of the thing due Condonation or remission of debt Confusion or merger of rights Compensation Novation Annulment Rescission Fulfillment of resolutory condition Payment / Performance delivery of money and performance‚ in any other manner of the obligation Requisites for Valid Payment / Performance With respect to the prestation Identity Integrity or completeness Indivisibility Requisites for Valid Payment With respect
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