Pensions and insolvency

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Practice notes
Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...
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Produced in partnership with Stephen Allinson 19th May
Practice notes
RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...
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Produced in partnership with Alice Morgan of Sidley Austin LLP 19th May
Practice notes
Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
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19th May
Practice notes
What is a pre-pack administration sale?Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the...
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19th May
Practice notes
Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
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19th May
Practice notes
Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
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19th May
Practice notes
Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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19th May
Practice notes
Secured creditors under a CVA—including effect on guaranteesNeither the company nor its creditors may approve a company voluntary arrangement (CVA)...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 19th May
Q&As
Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...
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19th May
Practice notes
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...
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19th May
Practice notes
The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016The company voluntary arrangement (CVA) proposal will...
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Produced in partnership with KPMG and Lexa Hilliard QC of Wilberforce Chambers 19th May
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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19th May
Practice notes
A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...
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Produced in partnership with Allan Kelly of RSM 19th May
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
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19th May

Most recent Pensions and insolvency content

Practice notes
Excessive pension contribution recoveryWhen pension contributions are recoverableThis practice note addresses two questions:•whether a bankrupt’s...
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Produced in partnership with Raj Arumugam of 5 Stone Buildings 15th Jul
Practice notes
How are Contribution Notices and Financial Support Directions treated under the priority order of payments in insolvency?The implications of...
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Produced in partnership with Raquel Agnello QC of Erskine Chambers and Thomas Robinson of Wilberforce Chambers 15th Jul
Practice notes
How a pension is dealt with in bankruptcyThe position of a personal pension on bankruptcyA bankrupt’s estate automatically vests in the official...
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Produced in partnership with Philip Hinks of 3 Verulam Buildings (3VB) 15th Jul
Practice notes
How pensions affect pre-packs—the implications of the Bonas caseThis note considers the implications of the Bonas case for those concerned with...
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Produced in partnership with Raquel Agnello QC of Erskine Chambers 15th Jul
Practice notes
What happens to a pension scheme on a company’s insolvency?This Practice Note considers the effect of a company’s insolvency on an occupational...
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Produced in partnership with Thomas Robinson of Wilberforce Chambers 15th Jul
Practice notes
Corporate Insolvency and Governance Act 2020—restructuring plan provisionsSpurred on by the coronavirus (COVID-19) pandemic, the government pushed...
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12th Jul
Practice notes
The Pensions Regulator and its power to issue a contribution notice and financial support directionThe Pensions Regulator (the Regulator) is a...
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Produced in partnership with Raquel Agnello QC of Erskine Chambers and Tom Robinson of Wilberforce Chambers 9th Jul
Practice notes
Contribution notices (CNs)FORTHCOMING DEVELOPMENT 1: On 28 June 2021, the Department for Work and Pensions (DWP) published a response to its...
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5th Jul
Practice notes
Part 26 A restructuring plan: pension issuesSection 7 of and Schedule 9 to the Corporate Insolvency and Governance Act 2020 (CIGA 2020) introduce a...
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1st Jul
Practice notes
Getting the Deal Through: Pensions & Retirement Plans 2021Jurisdictions coveredThe following jurisdictions are covered in this report:Belgium; Brazil;...
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24th Jun
Practice notes
TUPE—an overview for pensions lawyersThe Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE) have been in force...
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7th Jun
Practice notes
The Pension Protection Fund—eligibility and entryCORONAVIRUS (COVID-19) UPDATE: As a result of coronavirus, the PPF decided to make certain changes to...
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7th Jun
Practice notes
Apportionment arrangementsTHIS PRACTICE NOTE APPLIES TO MULTI-EMPLOYER DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMESApportionment arrangements provide...
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7th Jun
Practice notes
Financial support directions (FSDs)FORTHCOMING DEVELOPMENT: On 11 February 2019, the DWP published its response to the consultation ‘Protecting...
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7th Jun
Q&As
Can you obtain a third party debt order against a pension?Note: this Q&A assumes that the debtor is a member of a personal pension scheme under which...
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5th Jun
Practice notes
The role of the Pensions RegulatorThis Practice Note provides an overview of the role of the Pensions Regulator. For information on the role of the...
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Produced in partnership with Wyn Derbyshire of gunnercooke LLP 5th Jun
Practice notes
The Pension Protection Fund—an introductionTHIS PRACTICE NOTE APPLIES TO DEFINED BENEFIT AND HYBRID OCCUPATIONAL PENSION SCHEMESCORONAVIRUS (COVID-19)...
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5th Jun
Practice notes
Corporate Insolvency and Governance Act 2020—the pensions implicationsKey provisions of the ActOn 25 June 2020, after less than 40 days in Parliament,...
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5th Jun

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