[ 15-05-2006 ] INDEX TO DEAR IP LETTERS - 001
This is an index to the Guidance Available for Insolvency Practitioners
Dear IP Index
A combined collection of the Dear IP series seperated by chapter for easy reference.
Dear IP 01
Number 1 20 January 1993 Dear Insolvency Practitioner This is the first letter in the "dear IP" series whereby I hope to be able in this issue and in future issues to explain changes in the legislation, provide clarification or interpretation of insolvency law when problems arise and to provide administrative advice for the proper conduct of your dealings with the Insolvency Service.
Dear IP 02
Number 2 4 March 1993 Dear Insolvency Practitioner In this, the second letter in the "dear IP" series, I would like to deal with the following: 1. applications made by Insolvency Practitioners to the Department of Economic Development in the Trustee/Liquidator Record Book (Form P1/L23); 2. the submission of annual accounts to the Insolvency Service by liquidators and trustees. I feel that this is an opportune time for dealing with the latter subject as most liquidators and trustees will be dealing with cases in which a year has elapsed since the date of the winding up or bankruptcy order.
Dear IP 03
Number 3 17 June 1993 Dear Insolvency Practitioner In this, the third letter in the "Dear IP" series, I would like to deal with the following: 1. Monies received by Insolvency Practitioners from the Department of Economic Development in respect of monies due to former employees; 2. Submission of trustee's final account following annulment of bankruptcy; 3. Destruction of records.
Dear IP 04
Number 4 30 September 1993 Dear Insolvency Practitioner In this, the fourth letter in the "Dear IP" series, I would like to deal with the following: 1. remuneration of liquidators and trustees; 2. authorisation of Insolvency Practitioners by the Department of Economic Development - JIEB examinations; and 3. completion of Insolvency Account remittance forms (P50/L48).
Dear IP 05
Number 5 30 March 1994 Dear Insolvency Practitioner In this, the fifth letter in the "Dear IP" series, I would like to deal with the following: 1. requisitioning of dividend cheques; 1. submission of monthly bordereaux under the Insolvency Practitioners (Amendment) Regulations (Northern Ireland) 1993; 2. additional categories of preferential debts; 3. interest earned on funds held under the Industrial Relations (NI) Order 1976.
Dear IP 06
IP-06 4 September 1994 Dear Insolvency Practitioner I would like to deal with the following matters, in this, the sixth letter in the "Dear IP" series: 1. Notice to be given to the Official Receiver and the Department of Economic Development in individual voluntary arrangements; 2. Lodgement of gross sale proceeds to the Insolvency Account following realisation of assets; 3. Insolvency (No. 2) Act 1994; 4. Completion of Insolvency Account remittance forms (P50/L48).
Dear IP 07
Number 7 8 August 1995 Dear Insolvency Practitioner In this, the seventh letter in the "Dear IP" series, I would like to deal with the following: 1. The Insolvency (Amendment) Rules (NI) 1995. 2. The Insolvent Partnerships Order (NI) 1995.
Dear IP 08
Number 8 31 January 1997 Dear Insolvency Practitioner In this, the eighth letter in the "Dear IP" series, I would like to deal with the following: 1. The Insolvency Regulations (NI) 1996 2. Insolvency (Deposits) (Amendment) Order (NI) 1996 3. Insolvency (Fees) (Amendment) Order (NI) 1996
Dear IP 09
Number 9 10 June 1997 Dear Insolvency Practitioner In this the ninth letter in the "Dear IP" series, I would like to deal with the Insolvency Regulations (NI) 1996 and the abolition of the requirement to submit an annual account of receipts and payments. [Throughout this "Dear IP" letter, references to an account shall mean an account of receipts and payments.]
Dear IP 10
Number 10 5 June 1998 Dear Insolvency Practitioner In this, the tenth letter in the "Dear IP" series, I should like to deal with the following: 1. Desk top monitoring. 2. The trustee/liquidator record book. 3. Receipts and Payments Returns. 4. Monies due to former employees. 5. VAT claims. 6. Fees and remuneration. 7. Changes of Address, Telephone/Fax Numbers, etc. 8. Inland Revenue: Self Assessment. 9. Company Voluntary Arrangements: Notification of Decisions of Meetings. 10. Registration of Individual Voluntary Arrangements.
Dear IP 11
Number 11 18 May 1999 Dear Insolvency Practitioner In this, the eleventh letter of the "Dear IP" series I should like to deal with the following: 1. Matters arising from the Fees Workshop, 2. Desktop Monitoring, and 3. Disqualification Forms (D1 & D2).
Dear IP 12
Dear IP 12 7 April 2000 Dear Insolvency Practitioner, In this, the twelfth letter of the "Dear IP" series I should like to deal with the following: 1. Advertising 2. Fees & Distributions 3. Case Closures 4. Trustee in Bankruptcy's Powers 5. Submission of Proof of Debt and Proxy forms by fax 6. Unrealised Assets 7. Disqualification Returns/Reports 8. VAT Claims 9. Insolvency Service Structure
Dear IP 13
Dear IP 13 10 August 2000 Dear Insolvency Practitioner, In this, the thirteenth letter of the "Dear IP" series I should like to deal with the following: 1. Available Equity in Dwelling Houses 2. Revised Administrative System for Reviewing the Submission of Disqualification Reports and Returns 3. Proof of Debt Lists 4. Accounts Reminders 5. Miscellaneous Accounts Matters
Dear IP 14
Dear IP 14 12 December 2001 Dear Insolvency Practitioner, In this, the fourteenth letter of the "Dear IP" series I should like to deal with the following: 1. Functions carried out by the Department where there is no creditors'/liquidation committee including sanction to employ solicitors. 2. Release of Office-holders. 3. Lodgement of Monies to the Insolvency Account. 4. Provision of information to practitioners prior to formal appointment of Office-holder. 5. Final Accounts. 6. Insolvency Service Charter and Published Standard. 7. Customer Survey. 8. Miscellaneous.
Dear IP 15
Dear IP 15 29 April 2002 Dear Insolvency Practitioner In this, the fifteenth letter of the "Dear IP" series, I should like to deal with the following matters: 1. Northern Ireland Audit Office review of the Insolvency Service; 2. The Insolvency Service website; 3. Structural and management changes in the Insolvency Service; 4. The Employment Rights (Increase of Limits Order) (NI) 2002; and 5. The coming into force of the EC Regulation on Insolvency Proceedings, a copy of which is enclosed.
Dear IP 16
Dear IP 16 21 January 2003 Dear Insolvency Practitioner In this, the sixteenth letter of the "Dear IP" series, I should like to deal with the following matters: 1. Voluntary Arrangements: The effect of liquidation, bankruptcy or failure of the arrangement on the trusts established under a company voluntary arrangement or an individual voluntary arrangement; 2. Sanction applications: undervalue transactions; preferences; misfeasance and compromised claims; 3. Notification of unrealised assets to the official receiver on submission of final accounts; 4. Principles for monitoring of Insolvency Practitioners; 5. Update on new Primary Legislation; 6. Inclusion on Insolvency Service web-site; and 7. Electronic Mail
Dear IP 17
Dear IP 17 Dear Insolvency Practitioner 12 August 2003 In this, the seventeenth letter of the "Dear IP" series, I should like to deal with the changes to legislation which will be introduced by: 1. the Company Directors Disqualification (Northern Ireland) Order 2002, which is coming into operation on 5 September 2003 2. the Insolvency (Northern Ireland) Order 2002 which is to come into operation later in 2003 and to explain how they will affect Insolvency Practitioners.
Dear IP 18
Dear Insolvency Practitioner In this the eighteenth letter of the "Dear IP" series I should like to deal with the following matters: 1. Disqualification Reports and Returns 2. Procedure on Disclosure of the D report or decision 3. Reports to creditors' meetings to be copied to Insolvency Service 4. Addendum to Dear IP No. 17 concerning Northern Ireland Disqualification Orders having UK wide application. 5. Guide to Professional Conduct and Ethics 6. Joint Appointment of IP's by the Department under Article 117 or 269 of the Insolvency (Northern Ireland) Order 1989 7. Coming into operation of the Insolvency (Northern Ireland) Order 2002 and associated legislation 8. Change of address, firm name etc 9. Notice of Intended dividend to ordinary creditors - winding up and bankruptcy 10. Refunding petitioning creditor's costs where the petitioning creditor was a Crown Body 11. Lodgement of cheques to the Insolvency Account - Insolvency Service must be named as payee 12. Individual Voluntary Arrangements - Time Limits for making Reports of the Creditors Meeting to the Court and the Department in compliance with Rules 5.25 and 5.27 of the Insolvency Rules (NI) 1991 13. Winding Up Orders against Insurance Companies 14. Insolvency Issues Papers 15. Need to check if inhibition has been registered 16. Information to be given to the Insolvency Service when asking for fees determination at finalisation of cases where there will be enough money to pay creditors and bankruptcy expenses in full
Dear IP 19
Dear Insolvency Practitioner 31 October 2005 In this the nineteenth letter of the "Dear IP" series I should like to deal with the following matters: 1. Insolvency (Northern Ireland) Order 2005 2. Bankruptcy (Financial Services and Markets Act 2000) Rules (Northern Ireland) 2005 3. Insurers (Winding- up) Rules (Northern Ireland) 2005 4. Declining cases from the Unrealised Assets Register 5. Status of Student Loan debts in Bankruptcy 6. Payment of liquidation expenses and payment of preferential creditors where the companies have granted floating charges over their assets 7. Tax on Bank of Ireland Interest 8. Interest Payable to Creditors 9. Requests for Payments of Dividends
Dear IP 20
Dear IP 20 10 March 2006 Dear Insolvency Practitioner, INSOLVENCY (NORTHERN IRELAND) ORDER 2005 (S.I. 2005 No. 1455 (N.I. 10)) - Revision of Fees The Insolvency (Northern Ireland) Order 2005 will come into operation on 27 March 2006. The purpose of this letter is to provide you with advance notice of changes in fees chargeable in insolvencies under new Fees legislation being brought into operation on the same date.
Dear IP 21
Dear IP 21 15th May 2006 Dear Insolvency Practitioner, Introduction This issue of Dear IP is intended to provide guidance on the changes made by the Insolvency (Northern Ireland) Order 2005 and associated secondary legislation. The guidance provided is not a substitute for the Insolvency (Northern Ireland) Order 2005 or the relevant secondary legislation but should be read in conjunction with it. The guidance is not exhaustive and should not be regarded as a definitive interpretation. Neither is it to be treated as a full and substantive statement of the law. Practitioners should refer to the Order and Rules themselves for a full statement of the requirements, and in the case of any doubt should take independent advice, including legal advice. The Rules may be changed from time to time, so users should take care to keep themselves informed.
Dear IP 22
Dear IP 22 15th May 2006 Dear Insolvency Practitioner, Introduction This issue of Dear IP is intended to provide guidance on specific aspects of some of the secondary legislation made in conjunction with the Insolvency (Northern Ireland) Order 2005, especially the Amendment Rules, on developments in relevant case law and on liaison with the Inland Revenue. It also includes guidance on what level of payment should be claimed under an income payments order/agreement, and there is a section on the potential impact of early discharge where a bankrupt was subject to an income payments orders on the date the 2005 Order came into operation and how to counteract that impact. The guidance provided is not a substitute for the actual legislation but should be read in conjunction with it. The guidance is not exhaustive and should not be regarded as a definitive interpretation. Neither is it to be treated as a full and substantive statement of the law. Practitioners should refer to the legislation itself for a full statement of the requirements, and in the case of any doubt should take independent advice, including legal advice. The Rules may be changed from time to time, so users should take care to keep themselves informed.
Dear IP 23
Dear Insolvency Practitioner, Introduction This issue of Dear IP is intended to provide guidance on the Pensions (Northern Ireland) Order 2005. The guidance should not be treated as a full and authoritative statement of the law. Practitioners should refer to the Order itself for this, and if they have any doubts, seek legal advice.
Dear IP 24
Dear Insolvency Practitioner, In this, the twenty fourth letter of the "Dear IP" series, I should like to deal with the following issues: 1. Dwelling House Cases awaiting Court Decision, 2. An amendment to Article 159 of the Insolvency (Northern Ireland) Order 1989, 3. Remuneration where there is no Resolution - Rules 4.134A and 6.135A of the Insolvency Rules (Northern Ireland) 1991 (The Rules) and statement of Insolvency practice 9 (SIP), 4. Rota Appointments of Trustee, 5. VAT Refund Claims, 6. Maximum Amount Cases - Final Fees, 7. Directors Disqualification, 8. Joint or interlocking Individual Voluntary Arrangements, 9. Climate Change Agreements - hidden assets? 10. Public Portal, 11. Payments by BACS, 12. Tips and Hints.
Dear IP 25
Dear IP 25 20 February 2008 Dear Insolvency Practitioner, In this, the twenty fifth letter of the "Dear IP (NI)" series, I should like to deal with the following issues: 1. Companies Act 2006, 2. UNCITRAL CLOUT Correspondent, 3. EU Directive 2005/36: Recognition of Professional Qualifications, 4. Money Laundering Regulations 2007, 5. Pensions Act 2004, 6. Collection and Preservation of Company Records, 7. Reporting of Criminality to the Department, 8. Transfer of Undertakings (Protection of Employment) Regulations 2006('TUPE') (SI 2006/246), 9. Moving from Administration to CVL - Gazette Notices, 10. Release where bankruptcy is annulled, 11. Payment of a Surplus in Bankruptcy Cases, 12. Certificate of Appointment of Trustee / Liquidator, 13. Advertising of Bankruptcy Orders, 14. Bankrupt's Home, 15. Inter-Relationship between Article 256A Rule 6.229 and Form 6.86, 16. Trustees and Liquidators Receipts and Payments Accounts, 17. Individual Voluntary Arrangements (IVA)-Registrations, 18. Public Portal - Reminder, 19. Payments by BACS - Reminder.
Dear IP 26
In this, the twenty sixth letter of the "Dear IP (NI)" series, I should like to deal with the following issues:
- The Insolvency (Amendment) Rules (Northern Ireland) 2008 - Change To Rule 4.238.
- Substantial property transactions involving directors.
- Progress reports in an administration, following an extension.
- Protective awards when a company is in liquidation.
- Commencement of Article 150ZA of the Insolvency (Northern Ireland) Order 1989 and the Insolvency (Amendment) Rules (Northern Ireland) S.R. 2008 No. 118.
- Winding-up resolutions - changes made by the Companies act 2006.
- Book debt proceeds subject to floating charge security being paid to and retained by banks.
- IVA Forum - straightforward consumer IVA protocol.
- Floating charges and application of the prescribed part.
- Company Voluntary Arrangement (CVA) moratorium: changes to Companies Act 2006 "small" companies definition.
- New address for all VAT returns and payments.
- Trustee / Liquidator Remuneration.
- Repayment of Deposit on Debtors Petition
- IP Portal
- The Insolvency (Voluntary Winding Up) (Forms) Regulations (Northern Ireland) 2008, S.R. 2008 No.261.
- Your comments or suggestions.
In this, the twenty seventh letter of the “Dear IP (NI)” series, I should like to deal with the following issues:
- Assets Tab – Realisation of Assets
- VAT on Bond Premiums
- Proof of Debt - EJO costs
- The Employment Rights (Increase of Limits) (Northern Ireland) Order 2008
- Advance Notification of Redundancies (HR1 form)
- The Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008 (S.R. 2008/170)
- IP Portal
In this, the twenty eighth letter of the “Dear IP (NI)” series, I should like to deal with the following issues:
- 1.Issue of Form 6.86 Notice in Dwelling House Cases
- 2.IP Portal – Lodgements and Payments
- 3.IP Portal – Payment Requisitions
- 4.Final Fees Calculations
- 5.Paragraph 2(b) of the Insolvency Rules 4.132 and 6.134
- 6.Pre-Packaged Administrations and SIP 16
- 7.JIEB Examiner and Moderator Vacancies
- 8.Attendance of Liquidator at Article 84 Meetings in a Creditors Voluntary Liquidation
- 9.Amendments Announced to Insolvency Fees Orders
- 10.Summary of Updated Rates of Fees and Deposits
- 11.Functions Carried Out by the Department Where There Is No Creditors' or Liquidation Committee (Sanctions)
- 12.Public Portal – Reminder
In this, the twenty ninth letter of the “Dear IP (NI)” series, I should like to deal with the following issue:
1.EC Regulation on Insolvency Proceedings
This article brings the information previously issued in the April 2002 issue of “Dear IP” relating to the EC Regulation on Insolvency Proceedings 2002 (“the Regulation) up to date. This follows, in particular, the coming into force of the Regulation on 31 May 2002, the accession of new Member States since that date, and the changes to the Insolvency (Northern Ireland) Order 1989 and Insolvency Rules (Northern Ireland) 1991 resultant from the coming into force of the Regulation.
GUIDANCE NOTES
Part I – An Overview of the Regulation
Part II – Flowchart of Certain Procedures & Provisions
Part III – Legislative Changes
In this, the thirtieth letter of the “Dear IP (NI)” series, I should like to deal with the following issue:
- IP Rota Appointments in Dwelling House Cases.
- Payments by BACS – Reminder.
- Reminder – IP Portal and Payments.
- Dividend Cases.
- Publication of Insolvency Guidance Paper – ‘Dealing with complaints’
- The Provision of Services (Insolvency Practitioners) Regulations (Northern Ireland) 2009 (S.R. 2009 No. 401). The Insolvency Practitioners and Insolvency Account (Fees) (Amendment) (No.2) Order (Northern Ireland) 2009 (S.R. 2009 No. 402).
- Access to Residential Address Information at Companies House.
- The Companies (Trading Disclosures) (Amendment) Regulations 2009 (S.I.2009/218)
In this, the thirty first letter of the “Dear IP (NI)” series, I should like to deal with the following issue:
- Registrar of Companies
- Insolvency Practitioner Portal - Recommendations by the Northern Ireland Audit Office
- Realisation of Assets
- Lodgements and Payments
- Payment Requisitions
- Calculation of Liquidators Fee
- The Insolvency (Amendment) Rules (Northern Ireland) 2009 (S.R. 2009 No. 404)
- Insolvency Practitioner’s Fee Calculations on OR's Scale
- Companies House – Issues Relating to Insolvency Documentation
