McPherson's Law of Company Liquidation

Comprehensive Overview of "McPherson's Law of Company Liquidation"

Key Themes:

1. Company Liquidation Procedures: The book provides a detailed analysis of the various methods of winding up a company, including creditor's petitions, contributory's petitions, and miscellaneous other petitions.
2. Liquidator Duties: It examines the roles and responsibilities of the liquidator, including their functions, investigations, and examinations.
3. Asset Distribution: The book discusses the distribution of assets among creditors and the division of surplus assets.
4. International Aspects: It considers the international and cross-border aspects of company liquidation, including post-Brexit implications and the EU Insolvency Regulations.
5. Legal Issues: The book covers legal issues such as transaction avoidance, improper trading, and directors' duty violations.

Plot Summary: The book is structured into several chapters that comprehensively cover the law of company liquidation. Here is a brief overview of the chapters:

• Chapter 1: Introduction - An introduction to the subject matter and its significance.
• Chapter 2: Modes of Winding Up - An examination of the different ways a company can be wound up.
• Chapter 3: Creditor’s Petition for a Winding-up Order - Detailed analysis of the process involving creditor petitions.
• Chapter 4: Contributory’s Petition - Focus on petitions initiated by contributories.
• Chapter 5: Miscellaneous Other Petitions - Coverage of other types of petitions.
• Chapter 6: Provisional Liquidation - Discussion on provisional liquidation procedures.
• Chapter 7: Commencement and Effect of Winding Up - Explains the commencement and effects of winding up.
• Chapter 8: Administrative Organs of Winding Up - Focuses on the administrative bodies involved in winding up.
• Chapter 9: Functions of the Liquidator - Detailed analysis of the liquidator's roles and responsibilities.
• Chapter 10: Contributories - Examination of contributories and their rights.
• Chapter 11: Assets Available for Division and Distribution - Discussion on assets available for distribution.
• Chapter 12: Creditors - Focus on creditors' rights and procedures.
• Chapter 13: Division of Assets Among Creditors - Detailed analysis of asset distribution among creditors.
• Chapter 14: Distribution of Surplus Assets - Explanation of surplus asset distribution.
• Chapter 15: Investigations and Examinations - Coverage of investigations and examinations conducted by the liquidator.
• Chapter 16: Misconduct and Prosecutions - Discussion on misconduct and potential prosecutions.
• Chapter 17: The Conclusion of Winding-up Proceedings - Final stages of winding-up proceedings.

Critical Reception: While specific critical reviews are not provided in the sources, the book is recognized for its authoritative commentary on the law relating to company liquidation. It is noted for its comprehensive coverage of legal principles, legislation, and case law, reflecting both English and Australian roots. The book's inclusion of international aspects post-Brexit and its detailed analysis of various winding-up procedures make it a valuable resource for practitioners and scholars in the field of corporate insolvency law.