The Compendium

A Comprehensive Companion for All in the Insolvency and Restructuring Profession

When seeking to discover a centre of main interests (COMI) of a company (see ‘COMI’) it is presumed that the COMI is in the jurisdiction where the company is legally registered.

[See ‘PLC’, ‘Limited’, ‘Centre of Main Interests’ and ‘COMI’.]

Register of Companies

The Register of Companies is based at ‘Companies House, a Governmental body controlling the incorporation and administration of companies created under the Companies Act 1985 and the Companies Act 2006 and limited liability partnerships under the Limited Liability Partnership Act 2000.

In order to register a company the ‘promoter’ will need to provide the name of each member/shareholder, the contact address for each member/shareholder [See ‘Companies House’ and ‘Promoter’.]

Registrar of Companies

The Registrar of Companies at Companies House has three main functions:

  • The incorporation, re-registration and striking-off of companies.
  • The registration of documents that must be filed under company, insolvency and related legislation.
  • The provision of company information to the public.

[See ‘Register of Companies’ and ‘Companies House’.]

Relevant Time

The term ‘relevant time’ in a insolvency and restructuring context quite literally means ‘counting back from the date of …’ the commencement of Liquidation/ Administration or the Bankruptcy Order. The term ‘anterior period’ is also used in this context.

When investigating antecedent transactions the officeholder will check for actions the directors or their connected parties may have taken, such as preferences or transactions at an undervalue. One of the conditions that must be satisfied