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Members’ voluntary liquidations are the principal process for the return of capital to the shareholders of a solvent company, but what other options might be available as an alternative to MVL?
Members’ voluntary liquidations are the principal process for the return of capital to the shareholders of a solvent company, but what other options might be available as an alternative to MVL?
The stand-alone moratorium provisions came into effect in June 2020, introduced as a new solution for companies facing financial difficulties. Businesses that survived the pandemic and its restrictions are now facing the economic consequences of a cost of living crisis, volatile fuel costs and uncertain economic conditions and a moratorium may well give them the breathing space that they need, while they assess their options.
The stand-alone moratorium provisions came into effect in June 2020, introduced as a new solution for companies facing financial difficulties. Businesses that survived the pandemic and its restrictions are now facing the economic consequences of a cost of living crisis, volatile fuel costs and uncertain economic conditions and a moratorium may well give them the breathing space that they need, while they assess their options.
Having looked at employer pensions in a previous webinar, in this One Hour Series we turn our attention to personal pensions, and how we deal with them in personal insolvency. We look at whose rights take priority and when; whether a Trustee is ever entitled to the proceeds of a pension; and in what circumstances any element of an over-funded personal pension could be recovered by an IP.
Having looked at employer pensions in a previous webinar, in this One Hour Series we turn our attention to personal pensions, and how we deal with them in personal insolvency. We look at whose rights take priority and when; whether a Trustee is ever entitled to the proceeds of a pension; and in what circumstances any element of an over-funded personal pension could be recovered by an IP.
With the restoration of HMRC to preferential status in insolvency appointments on or after 1 December 2020, we take a detailed look at the revised legislation and the consequential changes. What now constitutes a preferential claim and what is the difference between ordinary prefs and secondary prefs?
With the restoration of HMRC to preferential status in insolvency appointments on or after 1 December 2020, we take a detailed look at the revised legislation and the consequential changes. What now constitutes a preferential claim and what is the difference between ordinary prefs and secondary prefs?
The Corporate Insolvency and Governance Act 2020 (“the Act”) comes into effect on 26 June 2020, being the UK Government’s response to the impact of coronavirus on business.
The Corporate Insolvency and Governance Act 2020 (“the Act”) comes into effect on 26 June 2020, being the UK Government’s response to the impact of coronavirus on business.
From April 2020, HMRC are set to regain secondary preferential status (ranking behind employees), in respect of taxes collected by UK businesses upon their behalf (VAT, PAYE and employee NIC). The response from the profession has been universally negative and the impact on SMEs could be significant, in a number of ways.
From April 2020, HMRC are set to regain secondary preferential status (ranking behind employees), in respect of taxes collected by UK businesses upon their behalf (VAT, PAYE and employee NIC). The response from the profession has been universally negative and the impact on SMEs could be significant, in a number of ways.
An insolvency practitioner’s statutory reporting obligations are supported by the regulatory requirements contained in SIP2. We must consider the information acquired in the course of administering the estate and decide whether further information is required, irrespective of any shortage of funds.
An insolvency practitioner’s statutory reporting obligations are supported by the regulatory requirements contained in SIP2. We must consider the information acquired in the course of administering the estate and decide whether further information is required, irrespective of any shortage of funds.
Insolvency practitioners have a number of legal and regulatory responsibilities in relation to a company's books and records and the obligations they are under require the balancing of their duties to investigate and retain records for specified periods versus the privacy rights of the individuals whose data may be contained in those records.
Insolvency practitioners have a number of legal and regulatory responsibilities in relation to a company's books and records and the obligations they are under require the balancing of their duties to investigate and retain records for specified periods versus the privacy rights of the individuals whose data may be contained in those records.
Statements of Insolvency Practice, or the SIPs as we better know them, are required practice in our role as insolvency practitioners, and set out the principles we should apply when approaching a particular area: fees, the handling of client funds and IVAs to name but a few. While there is no statutory onus on us to comply, breaches of SIPs can form the basis of disciplinary action by your regulator.
Statements of Insolvency Practice, or the SIPs as we better know them, are required practice in our role as insolvency practitioners, and set out the principles we should apply when approaching a particular area: fees, the handling of client funds and IVAs to name but a few. While there is no statutory onus on us to comply, breaches of SIPs can form the basis of disciplinary action by your regulator.
We regularly act as advisors to a variety of stakeholders before or instead of formal appointment. In that situation, it is important to remember that the directors are still in charge, and the company – and corresponding trading decisions - is their responsibility, not yours.
We regularly act as advisors to a variety of stakeholders before or instead of formal appointment. In that situation, it is important to remember that the directors are still in charge, and the company – and corresponding trading decisions - is their responsibility, not yours.
Concluding our Technical Short series for 2018, we turn our attention to property in the context of protected trust deeds. There are various options for dealing with a debtor’s property in a PTD but all of them should have the same result - the best outcome for creditors.
Concluding our Technical Short series for 2018, we turn our attention to property in the context of protected trust deeds. There are various options for dealing with a debtor’s property in a PTD but all of them should have the same result - the best outcome for creditors.
Increasingly the members’ voluntary liquidation process is under the spotlight of HMRC, keen to ensure that an MVL is a tax-fair method of returning capital to members, but equally keen to ensure that it is not a vehicle of tax avoidance.
Increasingly the members’ voluntary liquidation process is under the spotlight of HMRC, keen to ensure that an MVL is a tax-fair method of returning capital to members, but equally keen to ensure that it is not a vehicle of tax avoidance.
Obtaining valid approval for IP fees is a fundamental concern for practitioners. These processes were subject to substantial revision under the Insolvency (England & Wales) Rules 2016 and both ICAEW and IPA have issued guidance pieces on their monitoring approach to fee issues. SIP 9 compliance remains perennially high on the regulatory radar.
Obtaining valid approval for IP fees is a fundamental concern for practitioners. These processes were subject to substantial revision under the Insolvency (England & Wales) Rules 2016 and both ICAEW and IPA have issued guidance pieces on their monitoring approach to fee issues. SIP 9 compliance remains perennially high on the regulatory radar.
The Insolvency (England and Wales) Rules 2016 hailed the most significant changes to insolvency law and practice in over 30 years, recasting the Insolvency Rules 1986 in their entirety and introducing new procedures for obtaining creditor decisions.
The Insolvency (England and Wales) Rules 2016 hailed the most significant changes to insolvency law and practice in over 30 years, recasting the Insolvency Rules 1986 in their entirety and introducing new procedures for obtaining creditor decisions.
This year's challenge is the new General Data Protection Regulation coming into force on 25 May 2018. Anyone who handles data must comply with data processing legislation, and the new Regulations tighten up existing procedure and introduce more significant penalties for data breaches.
This year's challenge is the new General Data Protection Regulation coming into force on 25 May 2018. Anyone who handles data must comply with data processing legislation, and the new Regulations tighten up existing procedure and introduce more significant penalties for data breaches.
The original EU Regulations came into force in May 2002, with the aim of simplifying the formalities governing reciprocal recognition and enforcement of insolvency proceedings across Europe’s member states. An in-built statutory review of the Regulations started in 2012, and the recast EU Regulations were finalised in May 2015, coming into force in the UK in June 2017.
The original EU Regulations came into force in May 2002, with the aim of simplifying the formalities governing reciprocal recognition and enforcement of insolvency proceedings across Europe’s member states. An in-built statutory review of the Regulations started in 2012, and the recast EU Regulations were finalised in May 2015, coming into force in the UK in June 2017.
Charities are not immune from the business cycle, and in tough times, funds can be hard to raise. Set against this background, how do you advise in advance of or deal with the insolvency of a charitable entity? In this webinar we will look at how the structure of the organisation dictates the type of insolvency procedure, the regulatory requirements and how to comply, and issues specific to charities and their insolvency.
Charities are not immune from the business cycle, and in tough times, funds can be hard to raise. Set against this background, how do you advise in advance of or deal with the insolvency of a charitable entity? In this webinar we will look at how the structure of the organisation dictates the type of insolvency procedure, the regulatory requirements and how to comply, and issues specific to charities and their insolvency.
As IPs we need to deal regularly with leases and landlords. What is a lease, and what are the rights of a tenant and a landlord in Scotland on insolvency?
As IPs we need to deal regularly with leases and landlords. What is a lease, and what are the rights of a tenant and a landlord in Scotland on insolvency?
What role does the Pensions Regulator play in a restructuring or formal insolvency, and in what circumstances will a scheme transfer into the Pension Protection Fund? What are your responsibilities as an IP and what is the impact of insolvency on a scheme and the employees?
What role does the Pensions Regulator play in a restructuring or formal insolvency, and in what circumstances will a scheme transfer into the Pension Protection Fund? What are your responsibilities as an IP and what is the impact of insolvency on a scheme and the employees?
Environmental considerations are not only high profile but also bear significant risks for insolvency office holders in the form of increased claims, reputational damage, potential personal liability and criminal sanctions.
Environmental considerations are not only high profile but also bear significant risks for insolvency office holders in the form of increased claims, reputational damage, potential personal liability and criminal sanctions.
The Heath & Safety at Work Act 1974 sets out the broad health and safety duties which may apply in a workplace and the enforcement regime to ensure these are properly discharged. It is supported by over 600 subordinate regulations.
The Heath & Safety at Work Act 1974 sets out the broad health and safety duties which may apply in a workplace and the enforcement regime to ensure these are properly discharged. It is supported by over 600 subordinate regulations.
The rights of employees are an important consideration in any insolvency situation and balancing these rights against the needs of creditors generally is not always straightforward.
The rights of employees are an important consideration in any insolvency situation and balancing these rights against the needs of creditors generally is not always straightforward.
Concluding our Business Insolvency series for 2018, we conclude with a look at the licensed trade. Pubs, hotels and restaurants operate in an increasingly challenging economic and regulatory environment: chasing an ever-diminishing disposable income of their customers, budget competitors (“pre-loading” and Air BnB) and Treasury tax hikes on alcohol to list just a few.
Concluding our Business Insolvency series for 2018, we conclude with a look at the licensed trade. Pubs, hotels and restaurants operate in an increasingly challenging economic and regulatory environment: chasing an ever-diminishing disposable income of their customers, budget competitors (“pre-loading” and Air BnB) and Treasury tax hikes on alcohol to list just a few.
The construction industry is commonly viewed as an economic bellwether, since it is one of the first to feel the impact of recession and lack of market investment, and one of the last to feel the benefits of growth and increased confidence.
The construction industry is commonly viewed as an economic bellwether, since it is one of the first to feel the impact of recession and lack of market investment, and one of the last to feel the benefits of growth and increased confidence.
Facebook, Instagram, Twitter, Pinterest et al – nowadays it seems that there are endless, immediate ways to communicate and no limit to the audience. Almost every business has some on-line presence or personality. What social media perils lie in wait for an unsuspecting IP? And when taking control of a business on appointment, how do you take control of social media and the message?
Facebook, Instagram, Twitter, Pinterest et al – nowadays it seems that there are endless, immediate ways to communicate and no limit to the audience. Almost every business has some on-line presence or personality. What social media perils lie in wait for an unsuspecting IP? And when taking control of a business on appointment, how do you take control of social media and the message?
It’s unusual these days for suppliers of physical good stock not to have retention of title provisions in their contract. Stemming from the UK- wide Sale of Goods Act 1979, and subject to contract law, it is usually a formal insolvency procedure that triggers suppliers’ reliance on the retention of title contract provisions.
It’s unusual these days for suppliers of physical good stock not to have retention of title provisions in their contract. Stemming from the UK- wide Sale of Goods Act 1979, and subject to contract law, it is usually a formal insolvency procedure that triggers suppliers’ reliance on the retention of title contract provisions.
Approval of our remuneration is key to our business success and our engagement with creditors. After all, it's their money that pays our fees. There is perennial stakeholder and regulatory focus on what we get paid, and how it is approved.
Approval of our remuneration is key to our business success and our engagement with creditors. After all, it's their money that pays our fees. There is perennial stakeholder and regulatory focus on what we get paid, and how it is approved.
The last two years have been unprecedented in all aspects of business life. As we emerge from the pandemic, with more economic uncertainty predicted, the advice we give to directors has changed.
The last two years have been unprecedented in all aspects of business life. As we emerge from the pandemic, with more economic uncertainty predicted, the advice we give to directors has changed.
Statements of Insolvency Practice (SIPs) are required practice in our role as insolvency practitioners. They set out the principles and key compliance standards which we must apply when approaching a particular area of practice: the presentation of financial information, the handling of client funds, decision procedures and connected party transactions, to name but a few.
Statements of Insolvency Practice (SIPs) are required practice in our role as insolvency practitioners. They set out the principles and key compliance standards which we must apply when approaching a particular area of practice: the presentation of financial information, the handling of client funds, decision procedures and connected party transactions, to name but a few.
The introduction of a strengthened SIP 11 in 2018 placed increase emphasis on the need for robust financial controls within IP practices and made clear the Regulators' expectations that controls should be reviewed at least annually. But what do proportional financial controls actually look like in practice?
The introduction of a strengthened SIP 11 in 2018 placed increase emphasis on the need for robust financial controls within IP practices and made clear the Regulators' expectations that controls should be reviewed at least annually. But what do proportional financial controls actually look like in practice?
The Code of Ethics underpins everything we do and the long awaited revision of the Code has now been published and will come into effect on 1st May 2020.
The Code of Ethics underpins everything we do and the long awaited revision of the Code has now been published and will come into effect on 1st May 2020.
Regulation 18 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 requires insolvency practitioners to have conducted a firm-wide risk assessment of the money laundering and terrorist financing risks that are presented within their business.
Regulation 18 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 requires insolvency practitioners to have conducted a firm-wide risk assessment of the money laundering and terrorist financing risks that are presented within their business.
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017) came into force on 26 June 2017, with some key requirements coming into effect on 26th June 2018. AML compliance now goes far beyond the need for Customer Due Diligence.
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017) came into force on 26 June 2017, with some key requirements coming into effect on 26th June 2018. AML compliance now goes far beyond the need for Customer Due Diligence.
The bonding regime for IPs has been under review – is it fit for purpose? How and when is it likely to change? Bonding is not the whole picture, since it interacts with other insurances, your RPB’s professional indemnity insurance requirements and the best practice requirements of SIP 11.
The bonding regime for IPs has been under review – is it fit for purpose? How and when is it likely to change? Bonding is not the whole picture, since it interacts with other insurances, your RPB’s professional indemnity insurance requirements and the best practice requirements of SIP 11.
Bounce back loans (BBLs) and the Coronavirus Business Interruption Loan Scheme (CBILS) came to the rescue of many businesses in 2020, but not all applications were genuine or appropriate. HM Treasury has estimated the loss to the tax payer runs into billions of pounds. As IPs, it is our obligation to investigate on appointment, and there’s a current focus on the mis-use and recovery of BBL and CBILS lending.
Bounce back loans (BBLs) and the Coronavirus Business Interruption Loan Scheme (CBILS) came to the rescue of many businesses in 2020, but not all applications were genuine or appropriate. HM Treasury has estimated the loss to the tax payer runs into billions of pounds. As IPs, it is our obligation to investigate on appointment, and there’s a current focus on the mis-use and recovery of BBL and CBILS lending.
How do you translate statutory Anti Money Laundering requirements into meaningful, effective application? This session looks at how the legal requirements surrounding client due diligence can be put into practice across your cases.
How do you translate statutory Anti Money Laundering requirements into meaningful, effective application? This session looks at how the legal requirements surrounding client due diligence can be put into practice across your cases.