Letter from an insolvency office-holder to any persons or companies with information, documentation or property relevant to the business, affairs, dealings and property of the insolvent entity or individual (sections 234–236 and 365–366 of the Insolvency Act 1986)

Published by a ��ɫ�� Restructuring & Insolvency expert

Precedents

Letter from an insolvency office-holder to any persons or companies with information, documentation or property relevant to the business, affairs, dealings and property of the insolvent entity or individual (sections 234–236 and 365–366 of the Insolvency Act 1986)

Published by a ��ɫ�� Restructuring & Insolvency expert

Precedents

[insert name, address and contact details/reference of author]

[insert date]

To: [insert the name of the person or company to whom the letter is addressed]

[insert the full address of the recipient]

Dear [insert name of recipient]

[insert the name of the insolvent company or the name of the bankrupt][(in liquidation) OR (in bankruptcy)] [(the 'Company') OR (the 'Bankrupt')]

Case number: [insert case number if applicable]

Our client: [insert name of client and office held]

Request for [insert what the request is for ie property, information and/or documentation] concerning [the Company OR the Bankrupt] pursuant to [insert the applicable sections ie sections [234, 235 and 236 OR 365 and 366] of the Insolvency Act 1986 (IA 1986)]

Introduction

We act for [insert name of the office-holder], [the liquidator of the Company (the 'Liquidator') OR the trustee in bankruptcy of the Bankrupt's estate

Jurisdiction(s):

United Kingdom

Key definition:

Insolvency definition

What does Insolvency mean?

This can be defined by two alternative tests (Insolvency Act 1986, s 123):

• cash flow test: a company is solvent if it can pay its debts as they fall due, no matter what the state of its balance sheet (Re Patrick & Lyon Ltd [1933] Ch 786);

• balance sheet test: a company which can pay its debts as they fall due may be insolvent if, according to its balance sheet, liabilities (including contingent liabilities) exceed assets.

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