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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]
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.
In most jurisdictions, a liquidator's powers are defined by statute. [3] Certain powers are generally exercisable without the requirement of any approvals; others may require sanction, either by the court, by an extraordinary resolution (in a members' voluntary winding up) or the liquidation committee or a meeting of the company's creditors .In the United Kingdom, see sections 165-168 of the ...
Under UK insolvency law an insolvent company can enter into a company voluntary arrangement (CVA). The CVA is a form of composition, similar to the personal IVA (individual voluntary arrangement), where an insolvency procedure allows a company with debt problems or that is insolvent to reach a voluntary agreement with its business creditors regarding repayment of all, or part of its corporate ...
In Cayman a crude form of debtor-in-possession creditor rehabilitation has evolved along similar lines to the practice in Hong Kong whereby the company itself will make an application for the appointment of a provisions liquidator which operates as a stay upon claims against the company, [39] and then the provisional liquidator will promote a ...
Once a liquidator is appointed, his duty is to collect all of the assets of the company, liquidate them and pay or provide for the claims of the company's creditors pari passu. Once a liquidator is appointed, creditors may not commence or continue legal proceedings against the company. At the conclusion of the liquidation, the company is dissolved.
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the appointment of a receiver to hold assets of the defendant (where the injunction is insufficient on its own and where there is a measurable risk that a defendant will act in breach of the injunction), or; the appointment of a provisional liquidator (where the applicant is likely to obtain a winding-up order on the hearing of the petition).
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