Quote:
Originally Posted by MLSchaff
Nope, not an NSW lawyer - my experience with liquidations comes from the lenders side in the U.S., so I'm definitely making assumptions based on that.
What we are saying isn't that different (I just didn't mention the employees, taxes, and liquidator fees - this is same in U.S. that they come before unsecured creditors, I thought everyone already understood that these classes come first).
The difference lies in the concept of the blanket lien. Does this type of lien not exist under U.K. (or OZ) law? When I was in lending, I was a secured lender and we placed specific liens where applicable (equipment, real estate), and a "blanket lien" on all company assets. The blanket lien entitled us to be paid out to the full extent of realizable company assets before ANY payments to unsecured creditors. Preferential payments (employees, taxes) came before us, but other than that, we took everything. If there was anything left over after us, then the unsecureds would get paid.
Ah - you mean a 'Debenture' - a creditor securing its debt over all the assets of a company? Sure they exist - but will only operate to secure that particular creditors debt. Great if Microgaming have a debenture over Tusk and under the terms of their contract Tusk are obliged to pay the player balances to them (assuming there is some money left) . No use to us otherwise.
AS for applicable law - Vanuatu and Oz law is very strongly based on the UK Bankruptcy/Insolvency Acts. Oz law has diverged a bit, but Vanuatu is still using old UK legislation
for personal bankruptcies the UK 1914 act still applies
http://www.paclii.org/vu/legis/vu-uk_act/ba1914142/
I assume one of the old UK Insolvency Acts would therefore apply to companies.
You can see that they are talking about reforming the Insolvency Law generally
http://pid.adb.org:8040/pid/TaView.h...No=01&typeCd=2