Hard2 marksMultiple Choice
Syllabus G: Insolvency lawSection BCorporate and Business Law

ACCA · Question 59 · Syllabus G: Insolvency law

Scenario: Global Logistics Ltd is facing financial difficulties. It has a fixed charge over its warehouse in favour of Alpha Bank, and a floating charge over its fleet of trucks in favour of Beta Bank. The company owes £50,000 to its employees for unpaid wages. The directors are considering putting the company into administration to rescue it as a going concern.

If the company goes into liquidation, what is the correct order of priority for paying out the assets?

Answer options:

A.

Fixed charge holders, preferential creditors (employees), floating charge holders, unsecured creditors.

B.

Preferential creditors, fixed charge holders, floating charge holders, unsecured creditors.

C.

Floating charge holders, fixed charge holders, preferential creditors, unsecured creditors.

D.

Unsecured creditors, preferential creditors, floating charge holders, fixed charge holders.

How to approach this question

Memorize the statutory waterfall for distributing assets in a liquidation.

Full Answer

A.Fixed charge holders, preferential creditors (employees), floating charge holders, unsecured creditors.✓ Correct
The statutory order of priority in liquidation is: 1) Costs of the liquidation, 2) Fixed charge holders (Alpha Bank), 3) Preferential creditors (e.g., employee wages up to a limit), 4) Floating charge holders (Beta Bank, subject to the prescribed part), 5) Unsecured creditors, 6) Shareholders.

Common mistakes

Placing preferential creditors ahead of fixed charge holders, or floating charge holders ahead of preferential creditors.

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