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Contributions by BDO

15

Creditors' decision procedures in administration—the position under the Insolvency (England and Wales) Rules 2016
Creditors' decision procedures in administration—the position under the Insolvency (England and Wales) Rules 2016
Practice notes

This Practice Note produced in partnership with South Square and BDO LLP sets out the formalities and practical considerations of decision making or voting by creditors in an administration.

Creditors' decision-making in a liquidation—the position under the Insolvency (England and Wales) Rules 2016
Creditors' decision-making in a liquidation—the position under the Insolvency (England and Wales) Rules 2016
Practice notes

This Practice Note produced in partnership with South Square and BDO LLP considers the procedure and practicalities of creditor decision-making and meetings in a liquidation.

Creditors' decision-making in an IVA—the position under the Insolvency (England and Wales) Rules 2016
Creditors' decision-making in an IVA—the position under the Insolvency (England and Wales) Rules 2016
Practice notes

This Practice Note produced in partnership with South Square and BDO LLP looks at the formalities and practicalities of creditor decision-making in an individual voluntary arrangement (IVA).

Creditors’ decision procedure in administrative receiverships—the position under the Insolvency (England and Wales) Rules 2016
Creditors’ decision procedure in administrative receiverships—the position under the Insolvency (England and Wales) Rules 2016
Practice notes

This Practice Note produced in partnership with South Square and BDO LLP discusses the procedure and practicalities of creditor decision-making in administrative receivership.

Creditors’ meetings and proxies—the position under the Insolvency (England and Wales) Rules 2016
Creditors’ meetings and proxies—the position under the Insolvency (England and Wales) Rules 2016
Practice notes

This Practice Note, produced in partnership with South Square and BDO LLP, discusses how a creditor may vote at a meeting by proxy rather than personal attendance and the formalities surrounding this.

Creditors’ meetings: approval of schemes of arrangement the position under the Insolvency (England and Wales) Rules 2016
Creditors’ meetings: approval of schemes of arrangement the position under the Insolvency (England and Wales) Rules 2016
Practice notes

This Practice Note, produced in partnership with South Square and BDO LLP, looks at creditors’ meetings in relation to the voting on and approval of a scheme of arrangement (or Part 26 scheme or s 895 scheme). It looks at the court’s powers to call the meeting, the requirements under the practice statement, calling and constitution of the meeting, quorum, the role of the chairman, valuation, voting, and majority requirements.

Foreign creditors—the position under the Insolvency (England and Wales) Rules 2016
Foreign creditors—the position under the Insolvency (England and Wales) Rules 2016
Practice notes

This Practice Note, produced in partnership with South Square & BDO, looks at the position of foreign creditors and foreign currency debts in an English insolvency.

Formal creditors' committees in bankruptcy—the position under the Insolvency (England and Wales) Rules 2016
Formal creditors' committees in bankruptcy—the position under the Insolvency (England and Wales) Rules 2016
Practice notes

This Practice Note, produced in partnership with South Square, looks at formal creditors’ committees in bankruptcy.

Income payments orders (IPOs) under section 310 of the Insolvency Act 1986
Income payments orders (IPOs) under section 310 of the Insolvency Act 1986
Practice notes

This Practice Note, produced in partnership with South Square and BDO LLP, looks at income payments orders (IPOs) made under section 310 of the Insolvency Act 1986 that allow trustees in bankruptcy to claim a bankrupt’s surplus income for the benefit of the bankruptcy estate. This Practice Note summarises who can apply for an IPO, and when, and how much a trustee in bankruptcy can claim as part of an IPO.

Informal bondholders’ committee
Informal bondholders’ committee
Practice notes

This Practice Note, produced in partnership with South Square and BDO LLP, considers who are bondholders, and why it may be beneficial for them to form a committee in order to protect their interests in a restructuring situation. It gives information on the formation and membership of such a committee, and what role they may be able to undertake.

Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016
Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016
Practice notes

This Practice Note, produced in partnership with South Square and BDO LLP, looks at set-off and its application in insolvency processes (bankruptcy, liquidation and administration), including when claims must be due, claims that are commensurable, mutual claims and the exceptions to set-off.

Interim receivers
Interim receivers
Practice notes

This Practice Note, produced in partnership with South Square and BDO LLP, looks at interim receivers in personal insolvency appointed under section 286 of the Insolvency Act 1986 in the period between the presentation of a bankruptcy petition and the making of a bankruptcy order.

Obligation to settle liabilities before the receipt of any dividend—contributories and calls
Obligation to settle liabilities before the receipt of any dividend—contributories and calls
Practice notes

This Practice Note, produced in partnership with South Square and BDO LLP, looks at the obligation to settle liabilities before the receipt of any dividend, which can be achieved by the contributories making a payment. It examines the general position and the position following a call in a liquidation. It looks at the position prior to a dividend, set off and the position where the contributory enters bankruptcy.

Timing and size of distributions—the position under the Insolvency (England and Wales) Rules 2016
Timing and size of distributions—the position under the Insolvency (England and Wales) Rules 2016
Practice notes

This Practice Note, produced in partnership with South Square and BDO LLP, considers the timing and size of distributions in insolvency. It considers when the office-holder will declare and distribute dividends among creditors and the procedures to be followed by an office-holder who intends to declare and pay a distribution, including notice and advertisement requirements, proofs of debt and payment of the dividend.

Voting and creditors' decision procedures—the position under the Insolvency (England and Wales) Rules 2016
Voting and creditors' decision procedures—the position under the Insolvency (England and Wales) Rules 2016
Practice notes

This Practice Note produced in partnership with South Square and BDO LLP describes the mechanics of creditor voting and decision making in bankruptcy, liquidation, administration and individual and company voluntary arrangements.

Contributions by BDO Experts

2

Corporate governance risk management guide
Corporate governance risk management guide
Practice notes

This Corporate governance risk management guide, produced in partnership with Charles Portsmouth and Sarah Hillary of BDO LLP, identifies five key priorities for corporate governance risk management and gives the heads-up on why each one is important. It includes a series of mini action lists that suggest action points for each priority area, encourage you to record your organisation’s current level of compliance and signpost relevant Practice Notes and Precedents in Lexis®Nexis.

Trust Registration Service (TRS)—table of registration requirements and deadlines
Trust Registration Service (TRS)—table of registration requirements and deadlines
Practice notes

This Practice Note, written by Gemma Davies of BDO, contains a table which provides at-a-glance information about whether a trust needs to register with the Trust Registration Service (TRS) and, if so, the deadline for that registration. It also contains information about whether the obligation to collect beneficial ownership information applies. This table incorporates the rules brought in as a result of the UK’s implementation of both the Fourth Money Laundering Directive (4MLD) and the Fifth Money Laundering Directive (5MLD).

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