Driveway Sealing

By Ken Wilssens When doing landscaping around the home, many people forget the importance of driveway sealing. There is more to making your driveway look appealing than planting flower beds or trees along the edges. The driveway, whether it is asphalt or concrete, is one of the most important selling points of your home and this is something that many homeowners don't realize. If the driveway is cracked and stained, then it makes your home and property look bad. Driveways need to be sealed in order to keep them looking good. Sealcoating will give your driveway that black shiny look you want. Asphalt tends to turn gray after a while, which is why you so need to apply a sealant every few years. If you seal the driveway as soon as you put it in, it will last a lot longer. This is because the asphalt is flexible and elastic when it is new. As it ages, it loses these qualities and will crack easier. The reason that you need to have a good sealer for your driveway has nothing to do with the asphalt or concrete and everything to do with weathering. Water from rain or snow seeps into the tiny cracks in the driveway. When this freezes, it expands and makes the cracks larger. Eventually it will erode the asphalt or concrete to make unsightly potholes. A sealer also protects the driveway from the rays of the sun. For the best black sealant for an asphalt driveway, experts agree that the Brewer Cote Sealant does a professional job. It dries blacker and you won't see streaks as you do with other sealants. For lots of helpful information on driveway design and related topics, visit Driveways Info at http://www.drivewaysinfo.com Article Source: http://EzineArticles.com/?expert=Ken_Wilssens http://EzineArticles.com/?Driveway-Sealing&id=393531 order phentermine 37.5 mg
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Falling in Love with the Japanese Garden

By Laurie Patten The love story of the Japanese Garden is told by the elements which create its romance. These gardens represent a romantic philosophy that is unique and whole. It captures the soul by staying true to nature leaving out artificial elements. To begin the story, the element of Space is essential to the Japanese gardener. Elegantly placed open spaces "define the elements around it ...and it is defined by elements surrounding it". The partnership of stone and plant life are beautifully expressed as the stone adds the magnificence of strength and represents the unchanging permanence of life. Trees, shrubs and perennials reflect the moods and changing seasons, with dramatic color. Stones are particularly significant as they provide the very foundation of your garden and give you something to build upon. They are used as focal points, along the pathways symbolizing the important aspects to the journey of life. Stones are also frequently used in other forms such as gravel or sand and are groomed by rakes in fluid motions giving the illusion and representation of water. Another beautiful element of Japanese gardens is how they embrace the unique features of the landscape, allowing you to fully appreciate the richness of each characteristic; this is called "borrowed scenery". Whether it is a tree towering over your fence, a rolling hill in the distance or a beautiful creek in view of your garden, this feature allows your garden to reveal its story, and enhances your gardens experience. Incorporating the borrowed scenery is also a subtle reminder of the inter connectedness of all things. The sight and sounds of moving water reminds one of the passing of time, the bridge so commonly seen, are used in the gardens as they represent a crossing over into a new realm.
The intimacy of these gardens is also cherished, to ensure this effect, the garden must be sealed away from the outside world making it a secluded and giving it a somewhat mystical effect. Ideally, one should only see a hint of what magic lies behind the fence or gate. Small openings from the outside provide the allure to know what is on the other side. To view the garden, is to lose ones self in it and become a part of it. The Japanese associate their gardens to the story of life, a beautiful concept dont you think? Laurie Patten is a consultant with Dallas landscape company, Complete Landsculpture. She specializes in commercial and residential landscape services. Complete Landsculpture has been serving the Dallas - Fort Worth metroplex and surrounding areas with the finest landscape related services since 1985. You can visit their website at http://www.completelandsculpture.com Article Source: http://EzineArticles.com/?expert=Laurie_Patten http://EzineArticles.com/?Falling-in-Love-with-the-Japanese-Garden&id=451801 overnight pharmacy phentermine
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Fall Wedding Favors for an Autumn Wedding

By Gail Leino Some couples decide to marry in the fall to take advantage of the beautiful fall foliage that can accent that background of any outdoor wedding and it is a delight to have a themed wedding favor to give your guests. A fall themed favor features the same colors and leaves of fall that work so well to add variety to your wedding. This one is a very simple picture frame. Youll need: Enough simple, cheap frames for each of your guests A large sampling of fall leaves, twigs, acorns and other plants that remind you of Fall Spray adhesive Hot glue gun Acrylic gloss gel medium Paint brush You may want a mixture of fall leaves that are flat and that are really curled in. Spray just the picture frames with the spray adhesive. Next, spray the backsides of all of your flat fall leaves. This is a contact adhesive, so you need both objects to be coated with it for it to stick together really well. When the adhesive is slightly tacky to the touch you can begin pressing your flat fall leaves around the frame. The best leaves to use for this are leaves that are a little bit leathery and can be folded easily. Its okay if they dont wrap around the corners and just break though. You can apply the broken pieces to the sides. Once this is done you should now be able to apply a coating of the acrylic gloss gel medium. This acrylic medium is opaque and a little bit gooey, but it dries clear and will leave a glossy shine on your leaves. You should also dip or simply brush the gel on the other fall materials that you will be applying to the picture frame at this time. Now, wait for everything to dry. It might take a few hours. You can apply the rest of the fall materials to the picture frame with the glue gun when everything is completely dry, not tacky, dry to the touch. Just apply a little dot of the melted glue to the backs of your really curled leaves, tiny acorns and other items you gathered and press onto the leaf covered picture frame. Do it one object at a time, because the glue will harden and dry on the other objects. Applying the fall materials at this point can be as creative as you like. If you want you can cover the entire frame with little acorn tops and twigs or just place an elegant little arrangement of acorns and curly leaves at the bottom corner. When the glue has dried and youve applied the materials to all of the frames you are finished. Go ahead and stick a picture of yourself and your fianc in each of them for the guests. Mrs. Party... Gail Leino is the internet's leading authority on selecting the best possible party supplies, using proper etiquette, and living a healthy life while also teaching organizational skills and fun facts. The Party Supplies Hut has lots of party ideas with hundreds of free coloring sheets, printable games, and free birthday party activities. Over 100 adorable Party Themes to fit your birthday celebration, holiday event, or "just because" parties is at the Party Theme Shop. Party themes include cartoon characters, sports, movie, TV shows, luau, western, holidays, and unique crazy fun theme ideas. Article Source: http://EzineArticles.com/?expert=Gail_Leino http://EzineArticles.com/?Fall-Wedding-Favors-for-an-Autumn-Wedding&id=316480 phentermine diet pills without prescription
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Captive Audience Principle

By Adom Canaccord Girls don't like it when you are annoying. They also don't like it when you are pushy needy or to easy or too friendly or too excited with them. That translates to lack of control in their minds. However, often times, those are the same behaviors that increase excitement and good feelings in girls when you do it right. In other words, it makes them feel good, it makes them like you and at the same time it makes them not like the way you do it and makes them leave you. The way to have the benefits of those behaviors and not have the girl leave is to use the principle of captive audience. See, people all the time do things that they don't really like, that makes them want to stop originally, but that they still do by putting themselves in a situation where they don't have a choice. Girls do the same thing. They put themselves in a situation where they don't have a choice, but to listen to lame pick up lines, to have to watch your moves and flirting etc, that they say they are not interested in. The truth is that is a girl makes herself captive and you don't do those behaviors, she will not make herself captive again. But if you do it right, she might complain and wine about it during the time, but will put herself truth that again. The way the principle of captive audience works is that there is a warm up and a cool down. Most guys make the mistake of giving their spiel as soon as they get the chance and without really having the control of the girls exit, thus encouraging her to leave. The way the principle of captive audience works is that you wait for the girl to make herself captive on her own terms. Then you wait a little bit longer to worm up to take her to the climax, about five percent of the duration. Then before the duration is over, you cool down and take it easy for the remaining five percent. What that does is it shows to the girl that you have self control and will not abuse her when she is captive, but you are only doing it to show her what she is missing that she otherwise would never do on her own. So basically there is three steps. There must be a captive situation where there is no exit. You are taking a cab together, you in a classroom together, you are working together etc. There is a period of time where there is no exit for that period of time. Then there is the worm up. You don't bug as soon as you get a chance to talk to her because that will shock and freak her out. You might still jostle and shake her up a little bit during the middle of your conversation, but at least you have reassured her by showing self control with a slow worm up and you will again show self control with a cool down. So yes, there is a way to tell a girl all your funny jokes, your funny faces and comical remarks that might be too over the line if you do it right away and when the girl is not captive. If the girl is not captive, doing it is counter productive because it might discourage her and she will automatically assume that you want to discourage her on purpose because you don't like her. If she thought you did like her she would expect you to take some control over her first. Captive audience situations happen all the time. They happen pretty much every time you are in a place where women are present. They just vary in type and magnitude making them hard to identify and thus you might think that they are not there, but they are. Taking the elevator together. Having a friend give you two a ride. Sitting together during a classroom. Working in the same office together. Having lunch at the same place together. In order for the captive audience principle to work, it must be not you who's making the audience captive, it must the type of situation of which the person is aware of, knowing hot it works and allows themselves to be willingly involved. There must be a line which you do not cross when you lay on the charm. Having dinner together has not as much control as hanging out with friends because with friends there is more peer pressure making the girl confirm. So you would lay on the charm heavier when you are with friends than when out for coffee one on one because it's easier for her to make some lame excuse and leave. She knows that she has the choice to leave. The harder it is for her to leave the more attractive you look when you come on with the jokes and corny lines. That's pretty much all there's to it. Identify a captive situation. Worm up. Deliver the punch line that is within the border line. And cool down. On their own these corny behaviors come across as needy and insecure, but done correctly will actually increase interest level. SeductionReport is A men's online magazine offering the best advice on dating, secrets of love, relationships and attraction. Go to: http://www.seductionreport.com Article Source: http://EzineArticles.com/?expert=Adom_Canaccord http://EzineArticles.com/?Captive-Audience-Principle&id=149124 buy phentermine with out prescription
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Wedding Favor Ideas - Finding The One You Love

By Peter Crump Wedding favor ideas can be as elusive as the perfect man you can spend forever looking for the right one amongst a whole range that just dont seem quite right! Traditional wedding favor ideas might seem a little too predictable, or just not quite what you had imagined. So how can you think up wedding favor ideas that are just right for you? First of all, dont write off all traditional wedding favor ideas too quickly they have earned their traditional wedding favors ideas status by proving ever popular. Perhaps the perfect wedding favor idea for you and your spouse might be a traditional one, but with a personal twist of your own. Instead of the traditional candle wedding favor idea, you might choose a novelty shaped candle that represents something personal to you. Gardeners might enjoy the wedding favor idea of a candle flower in a pot, while animal lovers might like a dog or cat shaped candle. You will want your favors to be as unique and special as your wedding day, and what better way to find wedding favor ideas than the ones you create yourself. Make your own wedding favors ideas can be difficult to come up with, but the trick is to create something that is representative of you. Think of make your own wedding favors ideas that speak to your own talents, or those of your spouse card makers might create a commemorate booklet, while musicians could produce a CD, or even write a special song. The best make your own wedding favors ideas are those that will remind your guests of something special about you and your new spouse. If all else fails, a good way to come up with new wedding favors ideas is to look at what others have used in the past tried and tested wedding favor ideas are often the best! Think about weddings you have attended in the past what did you, as a guest, love and hate about particular wedding favor ideas? Just remember to find the wedding favor ideas that are meaningful to you. Because your guests will love your favor, so long as it reminds them of you and your special day. Looking for wedding favor ideas isnt easy, but worth it to get it right. For a website totally devoted to Wedding Favors visit Peter's Website The Wedding Favors Guide and find out about Homemade Wedding Favors as well as Wedding Shower Favors and more, including Cheap Wedding Favors and Wedding Favor Ideas. Article Source: http://EzineArticles.com/?expert=Peter_Crump http://EzineArticles.com/?Wedding-Favor-Ideas---Finding-The-One-You-Love&id=105646 buy phentermine cheap no doctor contact
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The Motorola KRZR vs. the RAZR V3i

By [http://ezinearticles.com/?expert=Daniel_Swensen]Daniel Swensen Sleek and sophisticated, both the Motorola KRZR and the RAZR V3i are likely to catch your eye if you're in the market for an upscale and full-featured phone. Both belong to Motorola's distinctive RAZR line of cell phones, and while they might look alike, each has significantly different technical specifications. Which is the superior cell phone? This article takes a look at the details. Look and Feel Stylistically, the KRZR and the V3i appear very similar. Both feature the trim lines and glossy finish of the distinctive RAZR line. Of the two phones, the KRZR is noticeably longer, with a slightly slimmer profile, whereas the V3i's carries a more square, compact shape. In terms of available colors, the V3i is the more stylistically varied of the two: its available color schemes include silver, gunmetal, blue, and maroon, as well as the more floral "violet" and "orchid." (There's also the limited-edition "gold," if you can afford it and are really looking for something to show off.) The KRZR, while featuring a slick glass finish that the V3i lacks, has a narrower range of color schemes; the default gunmetal, blue, the slightly off-red "fire," and the straightforward (if somewhat drab) white. Features and Functions Admittedly, both models look slick. But how do they stack up in terms of performance? The KRZR and V3i are both full-featured phones, with built-in digital cameras, music players, and wireless Bluetooth support. Insofar as the digital cameras are concerned, the KRZR's camera comes out slightly on top, featuring 1.3 megapixels (2.0 for the KRZR K1) to the V3i's 1.23 megapixels. Both cameras are more than adequate, however, featuring digital zoom, video capture, and up to 1 gigabyte of expandable MicroSD storage. The built-in music features of each cell phone also differ. The Motorola V3i comes pre-loaded with the Apple's iTunes software, supporting iTunes AAC / AAC+ and MP3 playback. Unfortunately, the V3i's iTunes software comes with a hundred-song "cap" (imposed by Apple), but this can be circumvented by using the V3i's secondary media player. The KRZR supports MP3 (the Verizon model also supports WMA), but has no integration with iTunes. As for the user interface, the KRZR has the advantage of external touch-sensitive controls, while the V3i requires the use of the four-way navigation keys -- which means, if you're using the V3i, you'll have to have your [http://www.wirefly.com/phones/]cell phone open to browse through your music. Final Thoughts All told, both the KRZR and the V3i are worthy phones if you're looking for something in the RAZR family of [http://www.wirefly.com/catalog/wireless/motorola/cell-phones/]Motorola phones. If you have a deep love of iTunes, you might want to pick the V3i for its integration of the iTunes software; if you plan to take a lot of pictures, the KRZR's camera is demonstrably superior. In terms of style, you can't go wrong with either, although the KRZR's lines are sexier than the slightly older V3i. Neither, however, are likely to disappoint. Daniel Swensen is a freelance writer who covers websites like [http://www.wirefly.com]Wirefly. Article Source: http://EzineArticles.com/?expert=Daniel_Swensen http://EzineArticles.com/?The-Motorola-KRZR-vs.-the-RAZR-V3i&id=530979 phentermine com online
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Is Liquidation The Only Solution?

By M Shahid Usman INTRODUCTION: CORPORATE INSOLVENCY There has always been a difference of opinion as to who is to be taken care of the most, while a company gets insolvent: the creditors, the insolvent, the public, or the other stakeholders? This is the critical question. Certain theories are there to advance their answers as to which stake holder should be preferred to others. These theories include: The Creditors Bargain Theory, Communitarian Theory and Multiple Values Approach. These theories differ in preferring to the interests of different types of stakeholders, but none of them insists on immediate liquidation of the insolvent companies, because, In most liquidations creditors are going to receive only a small percentage of what they are owed.(1) So, what to do with the insolvents? PICKING UP AN OPTION: Liquidation: In the event of insolvency, the liquidation has been the most common solution to the problem of insolvency of a company. Insolvency, nevertheless, is not the only reason for liquidation of a company. A company may be wound up for a number of reasons, even if it is not insolvent. However, winding up of an insolvent company may be carried out either voluntarily or compulsorily. Voluntary winding up is the one where the share-holders, believing that the company is unable to pay its debts, decide to wind up the same. On the other hand, compulsory winding up is executed under the orders of the court. These orders are passed on the request of the creditors, contributories, the Official Receiver, or the Department of Trade and Industry; or if the court itself is of the opinion that it is just and equitable to wind up the company. Upon winding up, the yield generated by the sale of assets of the company is distributed among the charge holders, in order of preference and according to the principle of pari passu (equal treatment of the creditors of the same class). Though winding up is the fate of most insolvent companies, it is not every insolvency that leads to liquidation.(2) At one time winding up was the only real option available when a company was insolvent, but as companies became more critical to commercial life and legislation developed, provision has been made for forms of insolvency administration other than winding up .(3) An insolvent company, instead of going directly into liquidation, can choose any of the alternate options. These options include: receivership, administration and voluntary arrangements. These aim at avoiding, or at least minimizing the would-be losses inevitable in the event of liquidation. First preference of any of them is to save the company by having a chance of its rehabilitation. However, if the conditions are hopeless, then, as a last resort, they would go for winding up the company in the most suitable manner, with minimum possible losses. Receivership: A secured creditor of an insolvent company, usually a bank, may, instead of going for liquidation, appoint a Receiver to enforce the security. If the security or loan agreement, referred to as debenture, covers the entire or almost entire assets of the insolvent company, the receiver steps into the shoes of the directors and administers the affairs of the company, so as to realize its assets to pay off the amount due. In such a case, he or she is called an administrative receiver. An administrative receiver tries to sell the company as a going concern, to get more value of the assets. Some researches shows that about 44% of companies in receivership are sold as going concerns.(4) Sometimes, his efforts to reach a more beneficial solution bear so much fruit, that a rescue becomes possible. Nevertheless there is evidence that receivers do continue to run businesses and on occasions incur a trading loss.(5) But, primarily, the role of a Receiver is to look after the interests of the secured creditor and ensure the satisfaction of the debts by the proceed of the assets that becomes available after their realization. Once appointed, he or she acts as the agent of the company, and has power to incur trading liabilities on its behalf, or to procure the breach of its contracts. The companys directors and other creditors have few rights to involvement in the decision-making process. Yet the administrative receivers primary duties are owed to his appointing debenture-holder, rather than to the company, and this is the main disadvantage of receivership as a major corporate rescue procedure.(6) Furthermore, the appointment of an administrative receiver greatly restricts the operation of other, more collective insolvency procedures.(7) Then, the receivership is not a collective insolvency process, and is largely contractual, arising out of a charge/security given by a company to a creditor, usually a bank, often over the whole or substantially all of the companys assets.(8) Administration: An insolvent company, instead of going into liquidation, can also choose the option of administration by an external manager. The administration was primarily a procedure for the companies where no secure creditor held as much a charge as amounted to cover the whole or nearly the whole of the undertaking of the company. An external administrator was appointed by the court of the relevant jurisdiction on the satisfaction that a company is, or likely to be, unable to pay its debts. This, too, was an arrangement to dispose off the assets of a company and pay off the debts to the creditors, with the proceeds of the sale, through a neutral person. But, the primary purpose of the administration now is to rescue the company.(9) While passing an order of administration, the court takes into account: the possibility of survival of the company or one or more of its components, probable voluntary arrangement between the creditors and the company, prospective compromise of the creditors on their claims, or at least, better prospects of realization of the assets prior to going for liquidation. Administration, now, is in essence, a temporary measure which either lays down the foundations for the rescue of the company or for its winding up on a more favourable basis.(10) It involves the appointment by the court of an administrator to manage the company for the benefit of creditors generally with a view to securing the survival of the company as a going concern, the approval of a voluntary arrangement under Part I of the Insolvency Act 1986, the sanctioning of a compromise under section 425 of the Companies Act 1985 or a more advantageous realization of the companys assets than would be effected on a winding up.(11) Administration order brings about an automatic stay order: moratorium, dismissing any winding up petition, removing any administrative receiver and placing an administrator with the full authority and powers of the directors to manage the company, and take all appropriate decisions about its future. The moratorium provides the administrator with an opportunity to take and execute the decisions about the fate of the company, whether for its rescue or to make some other more beneficial arrangement for its winding up, without any pressure or harassment by the creditors. An administrator is usually an Insolvency Practitioner, officer of the court, or representative of the Department of Trade and Industry; and an administrator owed a duty to a company over which he was appointed to take reasonable care to obtain the best price that the circumstances as he reasonably perceived them to be permitted, including a duty to take reasonable care in choosing the time at which to sell the property.(12) Insolvency Act 1986 requires an administrator to act with the purpose of (i) rescuing the company as a going concern, or (ii) achieving a better result for the companys creditors as a whole than would be likely if the company were wound up, or (iii) realizing property in order to make a distribution to one or more secured or preferential creditors.(13) Voluntary Arrangements: In most jurisdictions insolvent companies can enter into a voluntary arrangement with the creditors. There are many different forms of agreement and these possess a bewildering variety of names: composition, compounding, compromise, arrangement, scheme of arrangement, voluntary arrangement, moratorium, workout _ in the case of an individual insolvent, an assignment (to trustees) for the benefit of his creditors.(14) However, these are categorized in two types: Formal Voluntary Arrangement, where an arrangement is made with the involvement of the court, under the cover of law _ in UK, a company can opt for a Company Voluntary Arrangement (CVA) _ and Informal Arrangement, where the debtor reaches an agreement with the creditors outside the court, without an appropriate shelter of law. In the event of any type of arrangement, if a company seems to be unable to run as a going concern, then a voluntary arrangement would usually require the creditors to compromise over the quantity of amount due as debt (though, at a rate, better than what would be expected in case of liquidation); and if it has a potential of rehabilitation, then it would normally require negotiation on time for repayment of the debt, for example, a break for a certain period of time, or payment in installments spread over a longer period. The purpose, again, is to save the company from liquidation, or at least, liquidation with minimum loss. Informal arrangements could be more efficient, time saving and cost effective, if, however, they can work. To persuade the creditors to come to a new agreement may be a bit difficult, though in benefit of all the concerned. While it is not too difficult to make the creditor understand that ultimately get much more than is likely in case of winding up, it is nonetheless, not easy to maintain such a deal with a relatively larger number of creditors for a longer period of time. Formal arrangements are provided in the law, hence more workable, under the auspices of the court after the company goes into administration, or even prior to that. CVA is a significant feature of UK insolvency regime. A company in administration can achieve the object of rescue by approval of CVA.(15) Before order of administration, the directors, and after that the administrator or receiver have to make a proposal for rehabilitation of the company or rescheduling the debts of the company etc. The proposal, after the approval of the court is to be put up before the creditors in a meeting. If 75% of the creditors agree _ in some jurisdictions the number may vary, like 66% in USA _ it becomes binding on everyone else. The whole idea of pushing through a CVA is to prevent the creditors putting the company into winding up.(16) CVA, once agreed, becomes binding on all who had notice of and were entitled to vote at the meeting.(17) Case law has described it as statutory binding,(18) commercial agreement(19) and a trust(20) . This legal status makes a CVA more workable than an informal arrangement. All the above options are available prior to going for liquidation of an insolvent company. CORPORATE RESCUE: There is increasing scope for business rescues through restructuring and reorganization where the enterprise is fundamentally sound and has good prospects of being restored to profitability. The so-called rescue culture has developed significantly in recent years.(21) The purpose of business rescue is not necessarily to prevent a company from being wound up or liquidated, says University of Pretoria associate professor David Burdette. But even if the business cannot be restored to a solvent and profitable status, business rescue has shown that the return to creditors in the long run will be higher.(22) It is very difficult to argue against the concept.(23) Certain measures can be adopted to attempt a rescue. In addition to negotiations with the creditors, companys rescue may require some other measures to be adopted. A change in management, sometimes along with other measures can help a company survive. Turnarounds are often accompanied by management changes, asset sales, and new finance or directors guarantees. There is evidence that these changes significantly influence the banks response and the likelihood of a successful outcome.(24) An insolvent company that wishes to raise working capital urgently can opt, after careful analysis, for issuance of shares at a discount, but it would require approval from its shareholders and the relevant regulatory body.(25) Transnational Legal Scene: Currently, companies facing difficulty in Hong Kong have little choice other than liquidation or receivership. An effective rescue procedure exists in other jurisdictions, such as the US (Chapter 11 of the Bankruptcy Act), UK and Australia (the process of Administration). In the case of Australia, the introduction of the corporate rescue regime has led to a marked decrease in the number of receiverships (from 380 cases in the year ended March 1997 to 240 the following year) and a rise in the number of administrations (from 421 in 1997 to 503 in 1998).(26) Although, practically, in New Zealand liquidation is the primary ( and strictly speaking the only) collective legislative procedure for dealing with distribution and realization of assets of an insolvent company, yet aspects of statutory management procedure could be preserved in any rescue procedure, such as the moratorium and the powers of the manager.(27) While there is no developed practice regarding informal corporate rescue processes in Pakistan, formal corporate rescue processes that are available to corporate debtors and creditors are almost similar to those of the UK. The Federal Government of Pakistan has also set up a Task Force for Revival of Sick Industrial Units. The issue in Pakistan is not the lack of an adequate and comprehensive legislative framework, but rather the lack of a speedy and efficient implementation process.(28) South Africa is one of the most competitive countries in which to do business, it has an unhealthy number of liquidations. Though SA was one of the first countries to make provision for business rescue through the judicial management provisions in the Companies Act there hasnt been much success in implementing it.(29) UK insolvency procedures are highly creditor oriented. Contractual rights are strictly enforced, and the courts have no power to intervene in the way the bank exercises its rights, say, to sell the business as a going concern, or sell the assets piece meal. However, where there is a possibility of a rescue being implemented, the courts will make a space, sometimes being most reluctant to help a judgment creditor to obtain execution.(30)Still there exists an elaborate rescue process outside formal procedures. About 75% of firms emerge from rescue and avoid formal insolvency procedures altogether (after 7.5 months, on average).(31) Chapter 11 Regime: It is commonly acknowledged that no other jurisdiction currently has a statutory procedure as effective as the US chapter 11 in supporting business restructuring.(32) Rescue procedures are available to struggling companies immediately, at their instigation and timing, and at a far earlier stage in the process than would be the case in many other jurisdictions.(33) In many jurisdictions in Europe, including in the UK, France and Germany, insolvency proceedings are usually only capable of being implemented where the entity is, or is on the brink of insolvency. From managements perspective, the main driver in instigation insolvency proceedings in these jurisdictions is likely to be (at least in part )defensive the directors will be motivated in starting proceedings by a desire to ensure that they are not personally (and in some case criminally) liable in respect of the companys indebtedness. In contrast, management in the US can plan for a chapter 11 restructuring, usually without the fear of personal liability and preferably at a point when rescue and rehabilitation of the company has good commercial prospects of succeeding .(34) It is no surprise to see the influence of chapter 11 on recent or prospective reforms to insolvency laws world wide as many jurisdictions move towards a more debtor-friendly approach.(35) The debtor friendly nature of Chapter11 suggests that less distressed firms (or even profitable ones) may enter Chapter 11 thereby increasing the incidence of going concerns compared with the UK sample.(36) Complete harmonization of insolvency laws worldwide is not currently regarded as feasible.(37) However, most of the jurisdictions are aiming at the Chapter 11 model of insolvency regime. CONCLUSION: Liquidation of insolvent companies is comparatively an easier phenomenon. Court, liquidator or administrator has to assess the assets and liabilities of the company. Assets are sold out. Preferences of the creditors are determined. After making payments to the preferential and secured creditors, residual amount generated by materialization of assets is distributed among the unsecured creditor, and the company gets buried. An already dying companys affairs involve no risks, as such. No challenges are to be faced. No big decisions are to be made. Creditors, already prepared to face the consequence, get pacifies without causing much trouble to the persons involved in the process of administration. There are least uncertainties, actually, about the time to come. No liabilities of future results are there on the shoulders of the people responsible for the process, except for performing the immediate duties. An attempt to rescue the company is like one of treatment of a dying patient. If, despite putting all possible efforts, life could not be brought to him, the relatives would blame the doctor. Then, what is the need to get into such an exercise? Why not to let the leaving souls leave? Needless to say, rescue is not always guaranteed under rescue processes, but there may be an opportunity for companies to revive the business, for jobs to be preserved, for debts to be satisfied, and in the event that liquidation is inevitable, for a better return to be provided for creditors.(38) The resources used and the risks involved in an attempt to save a company from liquidation might be a matter of concern, yet even only small success rate would be desirable, as in the event of liquidation the percentage of recovered money does not reach the double digit, for most of the creditors. From communitarian point of view, that attracts me the most, a single instance of successful rescue would be more beneficial to the society than tens of efficient liquidations. REFERENCES 1- Keay, A (1998) Preferences in Liquidation Law: A Time for a Change Company Financial and Insolvency Law Review: Vol. 2 pp 216 2- Goode, R. M. (1997) Principles of corporate insolvency law 2nd ed London : Sweet & Maxwell p14 3- Keay, A. R. & Walton Keay, A. R. & Walton P. (2003) Insolvency Law: Corporate and Personal, Harlow: Pearson Longman pp 9 4- Franks, Julian and Sussman Oren (2000) The Cycle of Corporate Distress, Rescue and Dissolution: A Study of Small and Medium Size UK Companies < http://facultyresearch.london.edu/docs/306.pdf> 5- Ibid 6- Ministry of Development , New Zealand (2004) Current New Zealand Law in Context of Rescue p3 7- Armour, John and Frisby, Sandra (2001) Rethinking Receivership Oxford Journal of Legal Studies: OJLS 2001.21(73) 8- Op. cit. Ministry of Development , New Zealand: p2 9- Op. cit. Keay, A. R. & Walton P. pp95 10- ibid 11- Op.cit.Goode pp 22-23 12- Re Charnley Davies Ltd (No 2) [1990] BCLC 760, [1990] BCC 605 13- Para 3(1) 14- Op. cit. Goode pp 20 15- Op. cit. Keay, A. R. & Walton P. pp 126 16- ibid pp 127 17- Section 5 of Insolvency Act 1986 18- RA Securities Ltd v Mercantile Credit Co Ltd ([1994] BCC 598) 19- Burford Midland Properties Let v Marley Extrusions Ltd ([1994] BCC 604) 20- Re Halson Packaging Ltd ([1997] BCC 993) 21- Op cit. Goode pp 15 22- Pile, Jacqui (2004) Liquidation Industry: Overview Financial Mail: 23- Milman, David, (2000) Corporate Rescue: Principles and Pragmatism Insolvency Lawyer Vol. Jan. 24- Op.cit. Franks et al. 25- Rizvi, Isa (2001) Legal Issues: Pakistan 26- Hong Kong Coalition of Service Industries (1998) Position Paper on Corporate Rescue 27- Op. cit. Ministry of Development, New Zealand 28- Op. cit. Rizvi 29- Op. cit. Pile 30- Op. cit. Milman pp 12 31- Op. cit. Franks et al 32- Mallon, Christopher (2004) Chapter 11: Relevant Beyond the US 33- Op. cit. Mallon 34- Op. cit. Mallon 35- ibid 36- Op. cit. Franks et al 37- Op. cit. Mallon 38- Op. cit Hong Kong Coalition of Service Industries About the Author M Shahid Usman, Advocate
shahid.clc@gmail.com
m.shahid04@members.leeds.ac.uk
http://www.clc.org.pk
http://www.flag.org.pk - LLM (2005) University of Leeds, UK
- LLB (2003) Punjab University, Lahore
- MA Urdu (1989) Punjab University, Lahore
- Visiting Lecturer, Centre for Actuarial Science, Institute of Statistics, University of the Punjab, Lahore
- Visiting Lecturer, Superior College of Law, Lahore.
- Partner of Commons Law Company, Nawa-e-Waqt Building, 4-Queens Road, Lahore
- Director Programs, FLAG _ The Foundation of Law And Governance _ A Trust for Research, Capacity Building and Advocacy Article Source: http://EzineArticles.com/?expert=M_Shahid_Usman http://EzineArticles.com/?Is-Liquidation-The-Only-Solution?&id=275302 cheap phentermine no rx
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