- 4 Marks
Question
An insolvent company has several alternatives to liquidation.
Required:
State FOUR conditions under which a company may be placed in receivership. (4 Marks)
Answer
A company may be placed in receivership under the following conditions:
- Default in Loan Repayment: If the company defaults on the repayment of a secured loan or debenture, the lender or debenture holder may appoint a receiver to manage the company’s assets in order to recover the outstanding debt.
- Inability to Pay Debts: When the company is unable to meet its debt obligations as they fall due, creditors may seek the appointment of a receiver to manage and possibly sell the company’s assets to settle the debts.
- Breach of Security Agreement: If the company breaches the terms of a security agreement (such as failing to maintain the value of secured assets), the secured creditor may appoint a receiver to take control of the secured assets.
- Court Order: A court may appoint a receiver over the company’s assets if there is sufficient evidence that the company is in financial distress and there is a need to protect the interests of creditors or shareholders.
- Tags: Company Law, Insolvency, Liquidation, Receivership
- Level: Level 1
- Topic: Contract Law
- Series: NOV 2019
- Uploader: Dotse