Scheme Of Arrangement
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Scheme Of Arrangement
A scheme of arrangement (or a "scheme of reconstruction") is a court-approved agreement between a company and its shareholders or creditors (e.g. lenders or debenture holders). It may affect mergers and amalgamations and may alter shareholder or creditor rights. Schemes of arrangement are used to execute arbitrary changes in the structure of a business and thus are used when a reorganisation cannot be achieved by other means. They may be used for rescheduling debt, for takeovers, and for returns of capital, among other purposes. It is not a formal insolvency procedure, but it can be used alongside insolvency procedures such as administration. By country Australia In Australia, the relevant provisions for effecting a scheme of arrangement or reconstruction are located in Part 5.1 of the Corporations Act 2001 (Cth). Section 411(1) states that where a company and its creditors or shareholders propose a compromise or arrangement, the court can order a meeting or the creditors ...
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Companies Act 1948
The Companies Act 1948 (11 & 12 Geo.6 c.38) was an Act of the Parliament of the United Kingdom, which regulated UK company law. Its descendant is the Companies Act 2006. Cases decided under this Act *''Bushell v Faith'' 970AC 1099 *''Scottish Co-operative Wholesale Society Ltd v Meyer ''Scottish Co-operative Wholesale Society Ltd v Meyer'' 959AC 324 is a UK company law case, concerning the predecessor of the unfair prejudice provision, an action for "oppression" under section 210 of the Companies Act 1948 (now section 994 of th ...'' *'' Stonegate Securities Ltd v Gregory'' 980Ch 576 See also * Companies Act Notes {{UK legislation United Kingdom company law United Kingdom Acts of Parliament 1948 1940s economic history ...
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Public Company
A public company is a company whose ownership is organized via shares of stock which are intended to be freely traded on a stock exchange or in over-the-counter markets. A public (publicly traded) company can be listed on a stock exchange (listed company), which facilitates the trade of shares, or not (unlisted public company). In some jurisdictions, public companies over a certain size must be listed on an exchange. In most cases, public companies are ''private'' enterprises in the ''private'' sector, and "public" emphasizes their reporting and trading on the public markets. Public companies are formed within the legal systems of particular states, and therefore have associations and formal designations which are distinct and separate in the polity in which they reside. In the United States, for example, a public company is usually a type of corporation (though a corporation need not be a public company), in the United Kingdom it is usually a public limited company (plc), i ...
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Companies Act 2006
The Companies Act 2006 (c 46) is an Act of the Parliament of the United Kingdom which forms the primary source of UK company law. The Act was brought into force in stages, with the final provision being commenced on 1 October 2009. It largely superseded the Companies Act 1985. The Act provides a comprehensive code of company law for the United Kingdom, and made changes to almost every facet of the law in relation to companies. The key provisions are: * the Act codifies certain existing common law principles, such as those relating to directors' duties. * it transposes into UK law the Takeover Directive and the Transparency Directive of the European Union * it introduces various new provisions for private and public companies. * it applies a single company law regime across the United Kingdom, replacing the two separate (if identical) systems for Great Britain and Northern Ireland. * it otherwise amends or restates almost all of the Companies Act 1985 to varying degrees. The ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ...
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South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black South Afri ...
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Nigeria
Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf of Guinea to the south in the Atlantic Ocean. It covers an area of , and with a population of over 225 million, it is the most populous country in Africa, and the world's sixth-most populous country. Nigeria borders Niger in the north, Chad in the northeast, Cameroon in the east, and Benin in the west. Nigeria is a federal republic comprising of 36 states and the Federal Capital Territory, where the capital, Abuja, is located. The largest city in Nigeria is Lagos, one of the largest metropolitan areas in the world and the second-largest in Africa. Nigeria has been home to several indigenous pre-colonial states and kingdoms since the second millennium BC, with the Nok civilization in the 15th century BC, marking the first ...
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High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (whic ...
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New Zealand Law Commission
New Zealand's Law Commission was established in 1986 by the Law Commission Act 1985. The Commission is an independent Crown entity as defined in the Crown Entities Act 2004. The main objective of the Law Commission, as declared in its founding legislation, is to monitor and Critical thinking, critically analyse the laws of New Zealand with a view to identifying—and proposing solutions to—their possible shortcomings. The Law Commission reviews, reforms and develops New Zealand law. It then makes recommendations to Government to improve the law. It also advises its Responsible Minister and government agencies on how to make the law more accessible and easier to understand. The Commission has a commitment to consult the public on areas of law that it reviews. It promotes discussion and consultation by publishing Issues Papers. It invites submissions from the public before it makes recommendations to the Responsible Minister. It publishes these recommendations in a report to Par ...
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Companies Act 1993
The Companies Act is an Act of Parliament passed in New Zealand in 1993. The Act regulates companies, and replaces the earlier Companies Act of 1955. See also * ''Mason v Lewis -'' Decision holding that the test for determining what reckless trading under section 135 of the Companies Act 1993 is an objective one. * ''Allied Concrete Ltd v Meltzer -'' Decision determining the meaning of "gave value" in section 296(3)(c) of the Companies Act. References {{Reflist External linksText of the Actoriginal text
Statutes of New Zealand Corporate law New Zealand business law ...
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New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island country by area, covering . New Zealand is about east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The country's varied topography and sharp mountain peaks, including the Southern Alps, owe much to tectonic uplift and volcanic eruptions. New Zealand's capital city is Wellington, and its most populous city is Auckland. The islands of New Zealand were the last large habitable land to be settled by humans. Between about 1280 and 1350, Polynesians began to settle in the islands and then developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. In 1840, representatives of the United Kingdom and Māori chiefs ...
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Moratorium (law)
A moratorium is a delay or suspension of an activity or a law. In a legal context, it may refer to the temporary suspension of a law to allow a legal challenge to be carried out. For example, animal rights activists and conservation authorities may request fishing or hunting moratoria to protect endangered or threatened animal species. These delays, or suspensions, prevent people from hunting or fishing the animals in discussion. Another instance is a delay of legal obligations or payment (''debt moratorium''). A legal official can order due to extenuating circumstances, which render one party incapable of paying another. See also *Justice delayed is justice denied *Moratorium (other) Moratorium (from Late Latin ''morātōrium'', neuter of ''morātōrius'', "delaying"), may refer to: Law *Moratorium (law), a delay or suspension of an activity or a law Music *"Moratorium", a song by Alanis Morissette on her album ''Flavors of E ... References * Legal terminolo ...
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