Business

Validity of Appointment Advice

BUSINESS OBJECTIVES ACHIEVED

The process around appointing an insolvency practitioner, administrator or liquidator for a business is a technical one that needs to be carried out absolutely in accordance with requirements. If it turns out that the appointment made isn't valid, it can result in legal action being taken by another party involved in the situation. This can be a costly and time-consuming complication that can usually be avoided if the original appointment is carried out appropriately.

At Forbes, we are specialists in business insolvency and can provide expert advice on appointments of insolvency practitioners, administrators or liquidators to ensure that the correct processes are followed, and the necessary requirements fulfilled.

Why might the validity of appointment be challenged?

There are several different grounds by which someone might challenge the validity of the appointment of an insolvency office holder, but the party most likely to do so is one of the creditors.

In many cases, the insolvency practitioner is appointed by the company's director(s) (if the liquidation is voluntary) or creditors. They must be licensed, as they are then regulated by a professional body.

If one of the creditors who didn't appoint the insolvency practitioner disagrees with a decision or course of action that they take, they may wish to challenge this under the legal system.

Whether you are the insolvency practitioner and want legal advice in the event of a challenge or a potential future challenge, or are a creditor wishing to challenge the validity of an appointment, Forbes can help.

Specialist validity of appointment advice from Forbes Solicitors

Our team can offer expert advice in the area of validity of appointments for insolvency office holders. This complex area of law means that there are strict requirements to adhere to while managing the various insolvency processes.

Whether your interests lie with proving that the appointment was valid, or with challenging the validity of that appointment, we can give you specialist advice that is tailored to your specific circumstances. You will have everything you need to make an informed decision about your next steps and how to best move forward from the issues faced as part of the insolvency process.

We always strive to achieve the best possible outcome for our clients, using our extensive experience and familiarity with this area of law to provide robust advice and support at every stage.

Get in touch to find out more.