Law of Insolvent Partnerships and Limited Liability Partnerships, by Elspeth Berry, Rebecca Parry
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Law of Insolvent Partnerships and Limited Liability Partnerships, by Elspeth Berry, Rebecca Parry
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Although insolvency law and partnership/LLP law are both well-established areas of legal practice in their own right, this is the only text which comprehensively explains and analyses insolvency law as it applies to all three types of business partnership available under English law; general partnerships, limited partnerships and LLPs. Law of Insolvent Partnerships and Limited Liability Partnerships explains the legal framework applicable to insolvent partnerships and LLPs: principally the Insolvent Partnerships Order 1994 and the LLP Regulations 2001 applying and modifying parts of the Insolvency Act 1986, the Companies Act 2006 and the Insolvency Rules. It includes detailed discussion of potential rescue procedures (compositions and arrangements, voluntary arrangements and administration), as well as the various types of receivership (including agricultural receiverships). It then explains and analyses the four possible partnership liquidation procedures (with or without concurrent petitions against partners), the voluntary and compulsory liquidation of LLPs, and the joint bankruptcy procedure which is unique to partnerships. Finally it examines the options for insolvency litigation and disqualification.
Law of Insolvent Partnerships and Limited Liability Partnerships, by Elspeth Berry, Rebecca Parry- Published on: 2015-10-15
- Original language: English
- Dimensions: 6.42" h x 1.77" w x 9.29" l, 2.60 pounds
- Binding: Hardcover
- 746 pages
About the Author Elspeth Berry is a non-practising solicitor, member of the Association of Partnership Practitioners and Reader in Law at Nottingham Law School, with over twenty years' experience in researching and publishing in partnership and LLP law and teaching undergraduate and postgraduate students the law of business organisations and other commercial and international subjects. She is the author of Partnership and LLP Law (Wildy, Simmonds & Hill Publishing). Rebecca Parry is Professor at Nottingham Trent University since 2007, experienced PhD supervisor and visiting lecturer and has been a researcher at a number of European institutions. Rebecca is the author of a number of titles including Transaction Avoidance in Insolvencies, 2nd edition (Oxford University Press) and Corporate Rescue (Sweet & Maxwell).
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0 of 0 people found the following review helpful. An important new title.... By Phillip Taylor MBE INSOLVENCY LEGISLATION AS APPLICABLE TO THREE TYPES OF BUSINESS PARTNERSHIP: AN IMPORTANT NEW TITLE FOR INSOLVENCY PRACTITIONERSAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersAs the authors of this book, Elspeth Berry and Rebecca Parry point out there is an extensive body of literature now available on the insolvency of companies. Curiously though, relatively little has been written on the application of the insolvency legislation on the three types of business partnership available under English law: general partnerships, limited partnerships and LLPs.It seems that despite their importance to the United Kingdom economy, these categories of business have been somewhat neglected as subjects of special study and attention with respect to insolvency.Insolvency practitioners therefore will certainly welcome this new title recently published by Wildy, Simmonds & Hill. The authors Berry and Parry have certainly produced this specialist text with just such practitioners in mind. Their stated aim is to provide detailed coverage of insolvency applicable to the types of practices mentioned above, with a view to demystifying and untangling the complex web of legislation and procedures that pertain to the various individual and company insolvency processes. The result is a detailed, yet precise and logically organized explanation and analysis that is relatively easy to understand.The initial focus of the book is on rescue, including voluntary arrangements and administration as well as compositions and arrangements and the various types of receivership, agricultural receiverships included. It then analyses the possible partnership liquidation procedures initiated by creditors or partners.Other issues examined include the voluntary and compulsory liquidation of LLPs and also the joint bankruptcy procedure which interestingly, is unique to partnerships. The possibilities for insolvency litigation and disqualification are also examined. Reference is of course, made to the Small Business, Enterprise and Employment Act 2015 and also the reforms made by the Enterprise and Regulatory Reform Act 2013 when these come into force.Fortunately for the practitioner under pressure, the book has been designed, as far as is possible, for ease of use, with numbered paragraphs throughout and extensive footnoting. The fourteen page table of contents alone is an invaluable aid to navigability, together with the index at the back. More than fifty pages of the book contain extensive tables of cases, statutes, statutory instruments and a table of European legislation.Here then is a convenient hardback volume containing the materials and commentary the practitioner needs for these specific areas of insolvency. As a timely and valuable contribution to insolvency literature, this book should be considered an essential purchase for the up-to-date and well stocked professional library.The authors have endeavoured to state the law as known to them as at 30 April 2015.
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