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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.