Asset Tracing as a means of debt recovery in Corporate Insolvency Litigation
Introduction
In simple terms, asset tracing is the process of identifying assets through
The nexus between tracing and recovery is that once the tracing exercise is successfully completed, it can then be asked what rights, if any, the claimant can, on his particular facts, assert against the assets traced. These rights can be personal, proprietary, legal, and other equitable rights depending on the subsisting facts.
According to Lord Millett in Foskett v. McKeown and Others, tracing assets is neither a claim nor a remedy. It is merely the process by which a claimant demonstrates what has happened to his property, identifies its proceeds and the persons who have handled or received them, and justifies his claim that the proceeds can properly be regarded as representing his property.
Tracing is also distinct from claiming in the following ways:
It identifies the traceable proceeds of the claimant’s property.
t enables the claimant to substitute the trace
able proceeds for the original asset as the subject matter of his claim, but it does not affect or establish his claim.
When and why Asset tracing should be used?
The process of asset tracing and recovery is crucial for the successful recovery of misappropriated assets, recovering proceeds of
Asset tracing and recovery is also an important tool for creditors as it allows those who are considering instituting claims in court to ascertain unencumbered assets and obtain preservation orders against them to aid in recovery; it also aids in the enforcement of co
Asset Tracing in Corporate Insolvency Litigation
In insolvency-related matters, asset tracing is also crucial in the tracing and recovery of property that may have been misappropriated by the directors of the company. Case in point:- in liquidation matters, the insolvency practitioner may need to tra
The liquidator, the o
a) to repay, restore or account for the money or property or any part of
b) to contribute such amount to the company’s assets as compensation for the misfeasance, breach of fiduciary or other duty as the Court considers fair and reasonable.
How can we help?
At Riskhouse, we combine our skills in forensic accounting, forensic investigations, financial & intelligence analysis, understanding of the insolvency process, and digital investigations to perform complex analyses and identify and trace assets of the relevant subjects to satisfy our
To learn more about this and to catch up on our other news and alerts you can visit our blog on our website at
Published by
Source :
Get Firm News in your inbox
Be the first to know when we publish new Firm News updates — no spam, unsubscribe anytime.
Related Articles
Indonesia Hit by 1.6 Million Cyberattacks in a Day, Banking is the Main Target
The wave of cyberattacks still looms over Indonesia. In the past 24 hours, millions of threats have been detected targeting various sectors, …
Read more
Getting to Know PHP2Shell: A 20-Year-Old Dangerous Flaw That Can Be Hacked Thanks to AI
A wave of panic is sweeping cyberspace following the discovery of two critical security flaws labeled PHP2Shell, forcing popular platforms to take …
Read more
AGO Hands Over Suspects in BGN Motorcycle Procurement Corruption to Public Prosecutor
The AGO handed over five suspects in the alleged corruption case of electric motorcycle procurement at the National Nutrition Agency (BGN) to …
Read more