ABSTRACT

This is the thirteenth chapter of this book. Traditionally for the British the number 13 is considered to be unlucky. So, it is appropriate that this is the chapter in which we consider corporate insolvency and the way in which companies, in effect, die. During bad times in the economy, many company law practitioners nd themselves specialising in insolvency as companies are wound up and others go into insolvency. This chapter divides between a discussion of winding up solvent companies and, its principal focus, winding up insolvent companies. Because winding up for solvent and for insolvent companies come to similar endpoints, it makes most sense to consider both forms of winding up together, even though this chapter is primarily concerned with insolvency. There are a number of methods of insolvency for companies, each of which depends upon the circumstances of the business and seeks to achieve different goals. We shall consider each in turn. Before we turn to the detail of the legislation, however, we need to consider some of the broader issues that relate to insolvency.