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Provisional liquidation is a process which exists as part of the corporate insolvency laws of a number of common law jurisdictions whereby after the lodging of a petition for the winding-up of a company by the court, but before the court hears and determines the petition, the court may appoint a liquidator on a "provisional" basis. [1]
Depending upon the type of the liquidation, the liquidator may be removed by the court, by a general meeting of the members or by a general meeting of the creditors. [11] The court may also remove a liquidator and appoint another if there is "cause shown" by the applicant for his removal.
The directors and shareholders can instigate the liquidation process without court involvement by a shareholder resolution and the appointment of a licensed Insolvency Practitioner as liquidator. However, the liquidation will not be effective legally without the convening of a meeting of creditors who have the opportunity to appoint a ...
An OR has the following responsibilities: acting as interim receiver or provisional liquidator: At any time after a petition for an insolvency order under section 122 of the Insolvency Act 1986 (c. 45) has been presented, the court may appoint the OR as interim receiver (for an individual) or as provisional liquidator (for a company).
The court may appoint an official receiver, and one or more liquidators, and has general powers to enable rights and liabilities of claimants and contributories to be settled. Separate meetings of creditors and contributories may decide to nominate a person for the appointment of a liquidator and possibly of a supervisory liquidation committee.
An appointment of a provisional liquidator may also be made where it is in the public interest. [ 31 ] Since the decision in the Legend case [ 32 ] in 2005 [ 33 ] provisional liquidation may not be used as a means of shielding the company from creditor's claims to facilitate a restructuring in Hong Kong, [ 34 ] although prior to that date the ...
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Tamil Lexicon (Tamil: தமிழ்ப் பேரகராதி Tamiḻ Pērakarāti) is a twelve-volume dictionary of the Tamil language. Published by the University of Madras , it is said to be the most comprehensive dictionary of the Tamil language to date.