Insolvency Act 1986 s 110 arrangements

Produced in partnership with Phillip Taylor of Alston & Bird and Chris Laughton of Mercer & Hole
Practice notes

Insolvency Act 1986 s 110 arrangements

Produced in partnership with Phillip Taylor of Alston & Bird and Chris Laughton of Mercer & Hole

Practice notes
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This Practice Note covers:

  1. what arrangements under Insolvency Act 1986 (IA 1986), s 110 (a s 110 arrangement) are (see: What is a s 110 arrangement?)

  2. the rationale for s 110 arrangements (see: Rationale for s 110 arrangements)

  3. the other options available (see: Other options available)

  4. the requirements for s 110 arrangements (ie which companies can benefit from them) (see: The requirements for s 110 arrangements)

  5. the benefits of s 110 arrangements (see: Benefits of s 110 arrangements)

  6. potential complications in s 110 arrangements (see: Potential complications in s 110 arrangements)

  7. the typical deal structure (see: Typical deal structure)

  8. appointing the liquidator (see: Insolvency Act 1986 s 110 arrangements — Appointing the liquidator)

  9. typical contents of a reconstruction agreement (see: Contents of a reconstruction agreement)

  10. how s 110 arrangements can be challenged by dissenting shareholders (see: Challenge by dissenting shareholders), and

  11. a summary of likely tax issues (see: Tax issues)

What is a s 110

Phillip Taylor
Phillip Taylor

Partner, Restructuring, Special Situations, and Insolvency, Alston & Bird


Phillip Taylor has over 20 years of experience handling complex international restructuring, special situations, and insolvency matters. He represents companies, creditors, and investors in all parts of the capital structure, as well as corporate trustees, agents, directors, and insolvency practitioners.

Phillip routinely handles both contentious and non-contentious matters, in-court and out-of-court restructurings, and contingency planning and advisory mandates. Phillip’s clients include multinational corporations, private capital funds, banks, insurance companies, and restructuring office holders.

Chris Laughton
Chris Laughton

Partner, Mercer & Hole


Chris Laughton acts for management, creditors and other stakeholders, adding value to financially troubled businesses of all sizes. His approach is to work with the key stakeholders to solve business recovery problems with practical action and advice, seeking to avoid insolvency procedures where possible, but taking formal UK insolvency appointments when necessary.

Having particular knowledge and experience of European recovery practices and insolvency regimes, including the European Insolvency Regulation, Chris is one of a very small number of UK insolvency practitioners who are well-positioned to bridge the gulf in understanding and expectations between stakeholders from different jurisdictions in cross-border business recovery cases.

Chris has acted in a vast range of debtor-led and creditor-led recoveries in the UK and internationally, in addition to pre-funding reviews for lenders and investors, in industry sectors including retail, manufacturing, utilities, engineering, printing, wholesale and distribution, leisure, professional practices, property and construction, telecommunications and not-for-profit. He has particular expertise in pensions restructuring, advising businesses and trustees, and if necessary acting as the insolvency practitioner for companies whose pension schemes are to enter the Pension Protection Fund or be subject to an approved compromise.

Chris is the editor of 'Recovery', the quarterly journal of the Association of Business Recovery Professionals (R3) and is a past president of INSOL Europe, the European association of restructuring and insolvency professionals. Chris was recently ranked amongst Insolvency Today's 'Power 100' and is the chief contributor to insolvencyblog.com, Mercer & Hole's blog on recovery and insolvency issues and is a regular conference speaker and commentator on recovery issues.

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Jurisdiction(s):
United Kingdom
Key definition:
Insolvency definition
What does Insolvency mean?

This can be defined by two alternative tests (Insolvency Act 1986, s 123):

cash flow test: a company is solvent if it can pay its debts as they fall due, no matter what the state of its balance sheet (Re Patrick & Lyon Ltd [1933] Ch 786);

• balance sheet test: a company which can pay its debts as they fall due may be insolvent if, according to its balance sheet, liabilities (including contingent liabilities) exceed assets.

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