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Transaction Avoidance in Insolvencies$
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Rebecca Parry, James Ayliffe, Sharif Shivji, Hamish Anderson, and William Trower

Print publication date: 2018

Print ISBN-13: 9780198793403

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198793403.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 January 2022

Avoidance Powers Under The Companies Act 2006

Avoidance Powers Under The Companies Act 2006

(p.427) 18 Avoidance Powers Under The Companies Act 2006
Transaction Avoidance in Insolvencies

Rebecca Parry

Sharif Shivji

Oxford University Press

As an alternative, or in addition, to the avoidance provisions available under the Insolvency Act 1986 a transaction may, in an appropriate case, be challenged under provisions of the Companies Act 2006 as a transaction exceeding constitutional limitations. Other directors’ duties may also be raised in an action, such as the duty to act in good faith to promote the success of the company.

Keywords:   anti-avoidance, conditional arrangements, credit transactions, general provision, procedural matters, quasi-loans, ratification, remedies, substantial property transactions, transaction avoidance, valuation

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