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A Review of Company Rescue and Business Reconstruction Mechanisms
Department of Trade and Industry and HM Treasury May 2000

This booket was added in November 2000 

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Report of the joint DTI/Treasury Review of Company Rescue and Business Reconstruction Mechanisms

Table of contents
FOREWORD
    Terms of Reference
    The review group
    Recommendations of the group
    Executive Summary
    Conclusion
THE CONTEXT OF THE REVIEW
INSOLVENCY AND COMPANY RESCUE MECHANISMS
    How these market failures are addressed in other countries
    How much can we learn from international comparisons?
THE RECENT DEVELOPMENT OF THE RESCUE CULTURE IN THE UK
   
Table 1 - Corporate proceedings under the Insolvency Act 1986
    Table 1A - Deloitte & Touche Administrative Receivership Appointments
    Rescue work outside formal insolvency procedures – research by Professor Franks
and Dr Sussman
    Drawing conclusions from research and the need for more systematic data
    Key Considerations for the Review Group
    Equity Arguments – The Position of Unsecured Creditors
    Conclusions
    Possible procedural innovations - Changes to the Administration procedure
    A “single gateway” for trading companies
THE POSITION OF THE CROWN AS A PREFERENTIAL CREDITOR
    Crown Preference - Administrative Change
    Crown Preference – Legislative Change
COMPANIES, DIRECTORS AND THEIR ADVISORS
   
Some International Comparisons regarding directors’ obligations
    Germany
    Australia
    Netherlands
    France
    USA
   
Responses to consultation
REPORTING/INVESTIGATING ACCOUNTANTS BEING APPOINTED
ADMINISTRATIVE RECEIVERS
FINANCING COMPANY OR BUSINESS RESCUES
POSSIBLE PROCEDURAL INNOVATIONS
A LANDLORD’S RIGHT OF PEACEABLE RE-ENTRY
ANNEX A: INTERNATIONAL EVIDENCE
   
A review of the international evidence
    Complexity of the system
    Entry to the rescue process
    Who runs the process?
    Availability of finance
    Who determines the final outcome?
    Conclusions
ANNEX B

Responses to the consultation document – a summary
    Introduction
    Views on the Rescue Culture
    The current system – strengths and weaknesses.
    International comparisons
    The role of Company Directors and Managers.
    Crown Preference
    Reporting/Investigating Accountants being appointed Administrative Receivers.
    Further encouraging/promoting a “Rescue Culture”- a range of possible reforms
to the law.
    A change to voting provisions under CVAs.
    Allowing solvent companies to enter administration
    Promoting Collective Procedures
    A Single Gateway
    Fixed charges over book debts
    Allowing companies to raise funds by a sale or mortgage of assets covered by
a floating charge
    Super priority financing
    Conclusions

ANNEX C – MEMBERSHIP OF THE REVIEW GROUP
 

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