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To Defend against this, Interco takes no chances. Whether the Director is seeking to maintain use of assets and facilities and “trade through” his difficulties, or to cease company trading but transfer the business to a new company, the same timely action is essential.
Interco's action will normally include a valid sale of all unencumbered assets and stock to a friendly Party on manageable terms, for continued onwards use under licence and formal notification of the resulting zero assets position to any “hostiles”.
Apart from preventing walking possession and some other forms of distraint, this can aid “time to pay negotiations” and avert the issue of Winding Up Petitions !.
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