Kerr & Hunter on Receivers and Administrators

The 19th edition of Kerr & Hunter on Receivers and Administratorssets 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:

Includes the developments of the UNCITRAL Model system in both the EU and US

Gives you the latest rulings and case study material on Cross Border Insolvency in respect of EU regulations

Discusses the rulings of the Spectrum case and its impact on the charge on book debts jurisprudence

Illustrates potential judicial conflicts within the practice area of administration

Discusses the Proceeds of Crime Act 22 including the abolition of the Assets Recovery Agency and transfer of its main civil recovery functions to the Serious Organised Crime Agency

Considers development in relation to the prescribed part for the unsecured creditors in receivership and administration

Contains a full exposition of the law and practice of administrative receivership as it applies in Scotland

Includes a comprehensive account of the highly important taxation position in both receivership and administration

CONTENTSTHE APPOINTMENT OF RECEIVERS BY COURT

Principles on which a Receiver is appointedby the Court

In what cases a Receiver will be appointed

Over what property a Receiver mustbe appointed

Who may be appointed Receiver

Modes of appointing a Receiver of the Court

THE STRUCTURE OF THE COURT - APPOINTED RECEIVERSHIPS

Effect of appointment and possession of a Receiver

Powers and duties of a Receiver

Liabilities of a Receiver

Managers

Remuneration and Expenses of Receiver

Receiver’s Accounts

Discharge of a Receiver

Liabilities and rights of Receiver’s sureties

ADMINISTRATION: OTHER PROCEDURES

Administrators: Judicially and extra-judicially appointed

The Administrator in Office: Powers and Duties

Conversion from Administration into other forms of proceeding

The Cessation of the effect of the Administrator’s appointment and the termination of the administration

RECEIVERS APPOINTED OUT OF COURT

General principles governing Appointment

Appointments under statutory powers

Appointments over the property of company

ADMINISTRATIVE RECEIVERS

Status and powers of an administrative receiver

Administrative Receiver’s relationship withthe 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 chargesand receiverships

Effects of liquidation on administrative receivership

Termination of administrative receivership

RECEIVERSHIP IN SCOTLAND

The Receiver in Scotland

THE TAXATION OF RECEIVERS AND ADMINISTRATORS

The Taxation of Receivers and Administrators

OTHER PROCEDURES

The Proceeds of Crime Act 22: Receivers under Criminal Confiscation Statutes

The EC Regulation on Insolvency proceedings 2 and the Cross Border Insolvency Regulations 26

The fund for unsecured creditors: The “Prescribed Part”