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For example, in bankruptcy, once the company’s creditors have been paid off, any remaining assets would be distributed to the holders of the preferred stock before common stock shareholders see a dime.

Similarly, if the company were sold, the proceeds of the sale would be distributed first to the holders of the preferred stock and then to the holders of the common stock, based upon the terms of the liquidation preference.

In those cases, the affidavit in support of the application will normally include a summary of the history of the shares (when the shares were subscribed for and when any partial redemptions were made) and details of the reason the transfer is sought (such as the sale of the shares, a transfer to a liquidating trust or a transfer from a custodian to the beneficial owner, in order to reduce administration costs).

The application and the affidavit will usually be provided to the liquidator in draft form in the first instance, so that the liquidator can fully consider the proposed transfer, and, in the case of applications made by the transferor or the transferee, the liquidator will confirm that he does not object to the transfer by way of a letter which can then be exhibited to the affidavit in support.

“The only thing that can save them from that eventuality, in my opinion, is a return to sustainably higher oil prices – something that I think is very unlikely to happen.” But why would companies choose to saddle themselves...

(Editor’s note: Scott Edward Walker is the founder and CEO of Walker Corporate Law Group, PLLC, a law firm specializing in the representation of entrepreneurs.

Like bonds, preferred stocks are rated by the major credit-rating companies.

The rating for preferreds is generally lower than for bonds because preferred dividends do not carry the same guarantees as interest payments from bonds and because preferred-stock holders' claims are junior to those of all creditors.

Now a new and authoritative voice has joined the debate.

Preferred stocks are senior (i.e., higher ranking) to common stock, but subordinate to bonds in terms of claim (or rights to their share of the assets of the company) and may have priority over common stock (ordinary shares) in the payment of dividends and upon liquidation.

Terms of the preferred stock are described in the articles of association.

Footnote 1In cases of companies which are in voluntary liquidation, a court application is not necessary, but any transfers of shares made after the commencement of the voluntary liquidation which are not sanctioned by the voluntary liquidator are void, as a result of section 125 of the Companies Law.

Professional trustees, directors, and corporate service providers in various offshore jurisdictions, such as Bermuda, the BVI, the Cayman Islands, and the Channel Islands, continue to deal with increasing levels...




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