Overview

Buying and Selling Insolvent Companies and Businesses is a brand new title focusing on all aspects of the purchase and sale of an insolvent company or business, practical, legal and financial. Designed for the lay reader, as well as the practitioner, it provides a clear insight into issues that can arise when a target business is insolvent and how to deal with them. This new title brings the specific Irish legal and commercial aspects of the potential transaction into focus. It also informs the reader of the more unusual matters a practitioner may encounter. Issues such as hive-down of a section of the business; creditors’ claims; employees; pensions; tax; goodwill; carry-over of business name; and stakeholder roles are all examined. Addressing the legal and commercial aspects of the potential transaction particular to Ireland, Buying and Selling Insolvent Companies and Businesses includes: A review of the implications of different forms of insolvency, personal and corporate; Different structures for the sale transaction; Acquisition of assets v shares; Pensions; Retention of target customers and suppliers. Fully comprehensive, it also covers the not so-common issues of hive-down of creditors’ claims; goodwill; carry-over of business name; and stakeholder roles. Buying and Selling Insolvent Companies and Businesses is fully up-to-date with respect to all relevant legislation, including the latest Companies Acts and is essential reading for insolvency professionals, lawyers, accountants, bankers or financial advisors, pre and post-graduate students, M&A and general practice accountants, business advisors, directors and investors. A full set of precedents will guide you through each transaction and will include the following: Business Transfer Agreement; Guaranteed liabilities; Novation of Contract; Intellectual Property Rights Assignment; Debenture; Guarantee and Indemnity. This title is included in Bloomsbury Professional's Irish Company and Commercial Law online service.

Full Product Details

Author:   Bill Holohan ,  Ger O'Mahoney ,  Ted Harding
Publisher:   Bloomsbury Publishing PLC
Imprint:   Bloomsbury Professional
Weight:   0.850kg
ISBN:  

9781847669940

ISBN 10:   1847669948
Pages:   536
Publication Date:   31 May 2013
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Chapter 1: Introduction; Chapter 2: Early Warning Signs; Chapter 3: Informal Insolvency Arrangements; Chapter 4: Practical Measures to Counter or Prepare for Insolvency Sales; Chapter 5: Intellectual Property and Goodwill; Chapter 6: Data Protection Act Issues; Chapter 7: Raising Funds; Chapter 8: Due Diligence; Chapter 9: Non-corporate Businesses; Chapter 10: Sales in Corporate Insolvencies; Chapter 11: Secured and Preferential Creditors; Chapter 12: Disclaiming Onerous Property; Chapter 13: The Impact of Insolvency on Employment Contracts; Chapter 14: Redundancy; Chapter 15: Employee Claims; Chapter 16: Employees (Employers’ Insolvency) Act 1984; Chapter 17: Transfer of Undertakings; Chapter 18: Pension Schemes; Chapter 19: Insolvency of Pension Schemes; Chapter 20: Taxation.

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Author Information

Bill Holohan, B.C.L., LL.B., F.C.I.L.S., F.C.I.Arb., A.M. (CEDR), is the Senior Partner of Holohan Solicitors, (Cork and Dublin) and uniquely in Ireland, is qualified as a Solicitor, a Commissioner for Oaths, a Notary Public, an Arbitrator, a CEDR Accredited Mediator, an Irish Trade Mark Agent, and EU Community Trade Mark Practitioner. Ted Harding BA (Mod.) (Dublin); LL.M. (UCD); C.Dip. Accounting & Finance (ACCA); Dip. L.S.; Dip. Arb.; MCI Arb. is a practising barrister. He has previously been the Editor of The Sunday Business Post. Ger O'Mahoney is a partner in PwC with 26 years’ experience in public commercial and business advisory practice and leads their regional advisory practice. He is also a past President of the Cork Chamber of Commerce where he held that position for two years.

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