- 20 Marks
BCL – L1 – Q95 – Legal implications relating to companies in difficulty or in crisis
Assess if selling all assets can cover liabilities for a struggling radio station.
Question
Kofi Amo set up a radio station, Amo FM, investing GH¢10,000 initial capital. After some years, the business is not successful. At the end of the fifth year, furniture and fixtures were worth GH¢5,000; the delivery van was valued at GH¢2,000, and Kofi lived in a small flat valued at GH¢50,000, which he owns. This house was mortgaged from Apex Finance, with an outstanding balance of GH¢40,000 to pay off the mortgage.
Now the business has hit hard times: rent for the office location has increased, and Kofi owes the landlord GH¢10,000; workers have not been paid for months, with salary arrears of GH¢7,000; the bank overdraft is GH¢15,000, and the bank has refused to extend it; Kofi has received a demand from the National Communication Authority to renew the license for GH¢8,000.
(a) If all of your assets were sold off, would you be able to meet all of your liabilities?
(b) What options do your creditors have? Is your home safe?
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