The position of leases in voluntary company restructurings

O'Connor, Alan 2014. The position of leases in voluntary company restructurings. Conveyancing and Property Law Journal 19 (2) , pp. 26-32.

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Abstract

Examines, with reference to case law, how commercial leases are positioned within schemes of arrangement in corporate reconstructions entered into under the Companies Act 1963 ss.201-203. Discusses court-facilitated restructurings and mergers under s.201 and considers the Irish High Court ruling in Re Citi Hedge Fund Services (Ireland) on whether a break clause in a lease, which was expressed to be personal to the original tenant, could be exercised by the transferee company under s.203. Explores the role restrictions on alienation might play and highlights potential challenges for tenants and landlords.

Item Type:	Article
Date Type:	Published Online
Status:	Published
Schools:	Law
Subjects:	K Law > K Law (General)
Uncontrolled Keywords:	Landlord and tenant law; Section 201(1) of the Companies Act, restructuring, change in ownership, Re Citi Hedge, s.66 of the Landlord and Tenant (Amendment) Act 1980, covenants, bankruptcy.
Publisher:	Sweet & Maxwell
ISSN:	1393-3213
Last Modified:	25 Feb 2019 14:13
URI:	https://orca.cardiff.ac.uk/id/eprint/60106

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