The Compendium

A Comprehensive Companion for All in the Insolvency and Restructuring Profession

    • a person who is entitled to occupy a dwelling house by virtue of a beneficial estate or interest is adjudged Bankrupt, and
    • any persons under the age of 18 with whom that person had at some time occupied that dwelling house had their home with that person at the time when the Bankruptcy petition was presented and at the commencement of the Bankruptcy.
  • Whether or not the Bankrupt’s spouse (if any) has rights of occupation under the Matrimonial Homes Act 1983:
    • the Bankrupt has the following rights as against the Trustee of his estate:
      • if in occupation, a right not to be evicted or excluded from the dwelling house or any part of it, except with the leave of the court;
      • if not in occupation, a right with the leave of the court to enter into and occupy the dwelling house.
[See ‘Bankrupt’, ‘Equity’, ‘Trustee in Bankruptcy’ and ‘Insolvency Act’.]

Royal Charter Companies

Royal Charters date back to the thirteenth century.

They are granted by the sovereign upon the advice of the Privy Council. New charters are normally reserved for bodies that work in the public interest (such as professional institutions and charities) and which can demonstrate pre-eminence, stability and permanence in their particular .eld.

Most are comparable to companies limited by guarantee rather than those limited by shares.

[See ‘Guarantee Companies’ and ‘Limited’.]

S

Sanctions Order

A Recognised Professional Body (sometimes known as an ‘Authorising Body’) can make a direct sanctions order against an Insolvency Practitioner, requiring him to act, or cease from acting, in a particular way.