15 September 2003

This information is provided courtesy of Law-Now, CMS Cameron
McKenna's free on-line information service.
www.law-now.com
Insolvency
The corporate insolvency provisions of the Enterprise Act
2002 come into force today. They rewrite the rule book on
exiting from administrations.
* The Insolvency Act 1986 is virtually silent on exit
routes, even though administration has always been seen
as a transitional regime, given the inability of administrators
to make distributions to creditors.
* The Enterprise Act prescribes no less than 9 exit routes,
but still leaves many unanswered questions.
* It introduces the concept of a new streamlined creditors'
voluntary liquidation process but does not make it clear
when the administrator should use this process, rather than
the new powers given to him to make distributions to
unsecured creditors.
To help you understand the different aspects of the
reforms and how they will affect you in practice we will
be issuing a mini-series of articles throughout September
and October. To access our previous article and this week's
article - Exiting administration and the role of liquidation
after the Enterprise Act, please click on the link below.
www.law-now.com/insolvencyreforms
For further information please contact Ashley Smith at
ashley.smith@cmck.com or on + 44 (0) 20 7367 2154
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