Exam 16: Insolvency and Liquidation

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A mortgage is an example of a creditor secured by a circulating security interest.

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A declaration of solvency is required to be signed by directors of the company in order for the liquidation to be classified as a member's voluntary winding up.

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Which of the following is a ground under s. 461 of the Corporations Act on which the court can order a winding up? I. The company has no members. II) The company has not commenced business within one year of incorporation. III) The court is of the opinion that it is just and equitable that the company be wound up. IV) The company has resolved that it be wound up by the court.

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The liquidator must arrange for their statement of receipts and payment to be audited on the completion on the liquidation.

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Which of the following is a task of a liquidator under the Corporations Act?

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The main purpose of the Liquidation account is to calculate the deficiency or surplus on liquidation to show how it is distributed between the shareholders.

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The details below were extracted from the accounting records of Great South East Ltd (a company in the process of liquidation). \ 40000\ 1 preference shares fully paid 40000 120000\ 1 ordinary shares paid to 50 cents Cash available (after payment of all creditors) 10000 Assume that the constitution of Great South East Ltd states that in the event of liquidation, all shares are to rank equally, based on the number of shares held, in distributing any surplus or deficiency. For preference shareholders, what is the amount of the actual refund or call?

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The report as to affairs shows which of the following?

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When an administrator is appointed to a company they must give an opinion as to the best of three options available to creditors. Which of the following is not one of the options available?

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A liquidator is required to keep proper records, containing entries and proceedings of meetings.

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When a company is unable to pay its debts when they fall due and payable, this is referred to as:

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Under a court ordered winding up, a liquidator does not have the power to:

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A voluntary winding up commences when:

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It is the responsibility of the directors of the company to realise the assets, and pass the proceeds to the liquidator to enable distributions to be made to creditors.

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Debts may be admitted by a liquidator to a liquidation without formal proof of the debt.

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Winding up of a company only ever arises from the issuing of an order from the court.

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A court has the power to appoint a receiver to a company.

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Salaries and wages and employee entitlements owing to staff always rank above the payment of creditors secured by a circulating security interest.

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Claims against a company whereby the creditor has a charge against specific property is known as a:

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Past holders of shares in a company are able to make an application to the court for an insolvent company to be would up.

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