Insolvency practitioner and Insolvency waterfall: Difference between pages

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''Insolvency - liquidation - claims.''


An insolvency professional in the UK who is either authorised by the Secretary of State for Business, Energy and Industrial Strategy or licensed by a recognised professional body.
The priority order of claims in an insolvency or liquidation.


Broadly speaking, this priority order is:


2.
#Secured creditors
#Preferential creditors
#Fixed charge creditors
#Floating charge creditors
#Unsecured creditors
#Connected unsecured creditors
#Shareholders


Similarly qualified and authorised insolvency professionals in other jurisdictions.
 
Sometimes abbreviated to ''waterfall''.
 
 
Breaching this ordering is a ''preference'', that can be effectively reversed by an order of the court.
 
 
:<span style="color:#4B0082">'''''Examine bank account arrangements'''''</span>
 
:"Geoff O’Dea, a partner at law firm Goodwin Procter... strongly recommends examining bank account arrangements, especially when you have more than one account at a single bank.
 
:'A lot of them will have covenants in their loan agreements that require you to bank with the institution.
 
:That was one of the issues with SVB with its clients amongst the VC, tech and life sciences community,' he says.
 
'For smaller companies, you might fit within the preferential rung in the insolvency waterfall, but if you're a large company, you’ll be an unsecured creditor for amounts above the [FSCS] £85,000 guarantee – so that's why you would need to examine that,' he says."
 
:''The Treasurer online - Risk Management & Strategy - Lawrie Holmes - 14 April 2023.''




== See also ==
== See also ==
* [[Administrative Receiver]]
* [[Covenant]]
* [[Individual Voluntary Arrangement]]
* [[Creditors]]
* [[Insolvency]]
* [[Financial Services Compensation Scheme]]  (FSCS)
* [[Insolvency Act]]
* [[Fixed charge]]
* [[INSOL International]]
* [[Floating charge]]
* [[Liquidator]]
* [[Insolvency ]]
* [[Official Receiver]]
* [[Junior debt]]
* [[Practice]]
* [[Life sciences]]
* [[Practitioner]]
* [[Liquidation]]
* [[Preference]]
* [[Preferential]]
* [[Preferential creditor]]
* [[Secured creditor]]
* [[Security]]
* [[Senior debt]]
* [[Seniority]]
* [[Silicon Valley Bank]]  (SVB)
* [[Subordinated debt]]
* [[Tech]]
* [[Unsecured debt]]
* [[Venture capital]] (VC)
* [[Waterfall]]
* [[Waterfall methodology]]


[[Category:Accounting,_tax_and_regulation]]
[[Category:Accounting,_tax_and_regulation]]
[[Category:The_business_context]]
[[Category:The_business_context]]
[[Category:Corporate_finance]]
[[Category:Investment]]
[[Category:Long_term_funding]]
[[Category:Identify_and_assess_risks]]
[[Category:Identify_and_assess_risks]]
[[Category:Manage_risks]]
[[Category:Manage_risks]]
[[Category:Risk_frameworks]]
[[Category:Risk_reporting]]
[[Category:Cash_management]]
[[Category:Financial_products_and_markets]]
[[Category:Liquidity_management]]

Revision as of 14:25, 23 April 2023

Insolvency - liquidation - claims.

The priority order of claims in an insolvency or liquidation.

Broadly speaking, this priority order is:

  1. Secured creditors
  2. Preferential creditors
  3. Fixed charge creditors
  4. Floating charge creditors
  5. Unsecured creditors
  6. Connected unsecured creditors
  7. Shareholders


Sometimes abbreviated to waterfall.


Breaching this ordering is a preference, that can be effectively reversed by an order of the court.


Examine bank account arrangements
"Geoff O’Dea, a partner at law firm Goodwin Procter... strongly recommends examining bank account arrangements, especially when you have more than one account at a single bank.
'A lot of them will have covenants in their loan agreements that require you to bank with the institution.
That was one of the issues with SVB with its clients amongst the VC, tech and life sciences community,' he says.

'For smaller companies, you might fit within the preferential rung in the insolvency waterfall, but if you're a large company, you’ll be an unsecured creditor for amounts above the [FSCS] £85,000 guarantee – so that's why you would need to examine that,' he says."

The Treasurer online - Risk Management & Strategy - Lawrie Holmes - 14 April 2023.


See also