Research Report – Corporate Insolvency and Restructuring: Current Policy Issues and Challenges

The insolvency profession faces almost constant regulatory and statutory change. Present times appear no different, with the return of HMRC to preferential status, potential for a single regulator, forthcoming Pre-Pack Regulations and a new Code of Ethics. Coupled with a global pandemic, Brexit and the ensuing increased demand for professional services and heightened media attention, the insolvency profession is working in eventful times.

Against this backdrop, the University of Glasgow and Insolvency Support Services conducted part one of a two-part survey among a representative sample of the insolvency profession.

Read the full research report, with all the findings and our commentary.

Summary of Key Research Results

Corporate Insolvencies

  • The top two triggers for a predicted rise in corporate insolvencies are the phasing out of the furlough scheme and the continuation of COVID-19 restrictions, with 94% and 86% of respondents respectively selecting these factors as likely or very likely.
  • Around four in five respondents believe a repayment demand for deferred VAT is likely or very likely to act as a trigger for a rise in corporate insolvencies.
  • The two sectors most badly affected by the pandemic so far are hospitality & leisure and retail, with 90% and 64% of respondents respectively identifying these sectors. Overall, 24 different sectors are mentioned by respondents, highlighting the wide-reaching consequences of lockdown and COVID-19 restrictions in the UK.
HMRC’s Preferential Status and Rescue
  • Only 1% of respondents believe HMRC is fully prepared for the increased level of engagement with the insolvency profession expected from being a preferential creditor.
  • 64% of respondents believe that prospects for rescue within formal insolvency will decrease because of HMRC’s return to preferential status, and that it will lead to a reduction in lending facilities and increased use of personal guarantees and fixed charges.
Single Regulator
  • Just under half of respondents (49%) support a single regulator, 34% do not and 16% either don’t know or have no opinion.
  • Of those in favour of a single regulator, 50% of respondents prefer a new entity to be established.
Pre-Pack Regulations 
  • We find support for the Regulations to provide a definition of a pre-pack (71%) and a definition of who can act as evaluator (94% agree or strongly agree).
  • Opinion on the proposed timescale of eight weeks for a substantial disposal to a connected party is divided between those who consider it too long (39%) and those who consider it the right amount of time (33%).
  • Of those who feel the eight-week period is too long, all respondents selected an option of four weeks or less.
  • The most popular choice for an evaluator is an IP. There is also strong support for the Pre-Pack Pool or someone with relevant experience.
  • 89% of respondents agree or strongly agree that an evaluator should be a member of a professional body.
  • A significant majority believe it is likely or very likely that sales to connected parties will be effected by a liquidator rather than by an administrator (88%), or directors will sell the business or assets to a connected party pre-insolvency (75%).
Code of Ethics
  • 72% of respondents have undertaken some training related to the revised Insolvency Code of Ethics. With the current spotlight on the insolvency profession, CPD in this area seems critical.
  • Only 34% of respondents believe the revised Code will improve standards within the profession.
Read the full research report, with all the findings and our commentary.
If you have any questions about this research, please contact us.

Our report on the findings of our second research survey on COVID-19’s Impact on the UK Insolvency and Restructuring Profession is also available to download.

ISS Training is principal training partner for the IPA and supporting their newly launched IPA Learning (IPAL) initiative. 

Our training partnerships are important to us, and so we are also thrilled to announce that we are the principal training partner for the IPA and supporting their newly launched IPA Learning (IPAL) initiative.

IPAL is the IPA’s new learning partnership, located primarily on the Learndash platform, that will allow it to provide members, IPs and their teams with training and learning opportunities in relation to current technical and regulatory issues.  Designed with a clear focus on the practical application of technical and regulatory change as it impacts on IPA members’ businesses, the various workshops will be an opportunity to interact with the IPA, inform and develop working practices across the profession, and engage with the views of a Regulated Professional Body.

We will be working with the IPA to deliver an up-to-date, quality training programme throughout the year.

Louise Crawford

Louise Crawford has re-joined Insolvency Support Services as Manager with effect from 22 February, with a particular focus on outsourced client work.  Many of you know Louise and will be aware that she was our first ever employee, so it’s a real pleasure to welcome her back to the team.

Louise’s contact details are [email protected] and her direct line is 0131 510 8641.  She is looking forward to working with you all again.

Certificate in Insolvency

ISS Training has announced the launch of its new CII training as an ICAEW approved Partner in Learning.

The ICAEW’s Certificate in Insolvency (CII) is a flexible learning programme. Primarily developed for professionals based in England & Wales wanting to progress into a career in insolvency or strengthen their knowledge, the certificate equally benefits those whose work touches upon the E&W insolvency regime.

CII covers four key areas to ensure that students have a good grounding in the fundamentals of insolvency work and provides a basis for progression to a more advanced qualification in insolvency:

  • Legal and regulatory framework;
  • Principles of insolvency;
  • E&W corporate insolvency;
  • E&W personal insolvency.

Watch our short introductory video which explains how ISS Training’s CII course is structured, the format of the exam and how to book.

Video: https://vimeo.com/508392310/b79e2fd0d2

ICAEW does not impose any timeframe within which candidates must take the assessment. Study and assessments can therefore be planned to fit in with workload and business priorities. However, ICAEW does encourage candidates to attempt the assessment within no more than a few months of completing the modules, as the question banks are updated to reflect changes in legislation and insolvency guidance.

ISS Training’s modules have been designed to cover the CII examination syllabus in full and to offer essential practice on the principal areas in which candidates will be tested.  Participants are periodically tested in the course of their studies, and actively encouraged to ask questions and to discuss the syllabus with their tutor.

Comprehensive study aids for each module will be provided.

Certificate in Insolvency (CII) course options

There are two course options to choose from:

Our full course will be delivered using a combination of flexible online learning and regular live virtual classrooms, supported by periodic knowledge checking, individual feedback and a fully de-briefed mock examination.

Our independent learning course includes flexible online learning, supported by periodic knowledge checking and a marked mock examination.

Candidates following the full course can choose two pathways through the modules: a standard pathway or an accelerated pathway.

Click here for more information.

Book your place

Book online for the full course or the independent learning course

Email: [email protected]

Call: 0845 601 7570

ISS Moodle School /  GoToWebinar

The ISS Moodle School is a widely-used virtual learning environment, and is accessible via your desktop or mobile device via the free Moodle app. This allows us to deliver your training materials in a variety of formats including video presentation, reference materials and online assessment (if applicable) in one place on one platform.  You will receive a registration for your ISS Moodle account the first time you enrol on an ISS course. All of your ISS course materials will be accessible to you on the Moodle platform for reference and/or download, and you can quickly check your CPD/E record.

Our online learning delivery in live classroom settings take place on the GoToWebinar platform. Our online virtual classroom sessions may be recorded and made available to all participating delegates for review purposes only. We will not release these recordings to any other person or organisation except in conjunction with the above purpose.

We are thrilled to report that all of ISS Training’s students for CPI/CPPI Scotland and CPPI England & Wales in 2020 have passed their exam, with just under half achieving a pass with merit.

Congratulations to all our candidates on their well-earned and well-deserved success! Their achievement is particularly impressive due to the unprecedented upheaval to the training and exam process brought about by the Covid-19 pandemic. In addition to adjusting admirably as we switched to online learning in the middle of the courses, our students all adapted well to the challenges of studying completely remotely and sitting the exams online. Well done everyone! We are very proud of you.

JIE, CPI and CPPI training

Is it your turn next? For full details of all our insolvency exam courses (JIE, CPI and CPPI), click here.

If you would like to discuss your options, please speak to us at any time on 0845 601 7570 or [email protected]

CPPI provides an opportunity for recognition at a level equivalent to CPI for those working purely in the personal insolvency sector. The focus of this qualification is the statutory forms of personal insolvency and incorporates non-statutory debt solutions. On successful completion of the exam, candidates may apply for Affiliate Membership of the IPA (AIPA).

ISS Training’s modules have been designed to fully cover the E&W examination syllabus and to offer essential practice on the principal areas on which you will be tested. Participants are periodically tested and actively encouraged to ask questions and to discuss the syllabus with their tutor. Comprehensive study guides and course notes for each module will be provided.

Course Options for CPPI England & Wales 2021

There are two course options to choose from:

Our full course will be delivered using a combination of flexible online learning and live virtual classrooms, supported by periodic knowledge checking, individual feedback, a fully de-briefed mock examination and three full days of question practice.

Our independent learning course which includes flexible online learning, supported by periodic knowledge checking and a marked mock examination.

Click here for more information.

How to book

Book online

Email: [email protected]

Call: 0845 601 7570

Video: https://vimeo.com/489073915

ISS Training, Insolvency Support Services’ training division, is thrilled to have won the Education/Training Provider of the Year category in the UK TRI (Turnaround, Restructuring and Insolvency) Awards 2020.

Eileen Maclean, Insolvency Support Services’ founding director, commented: “We’re over the moon to have won this TRI Award. It’s a fantastic way to round off what has been such a challenging year for many of us. I’m so proud of the hard work and team effort by my Insolvency Support Services colleagues, particularly in responding so well in trying circumstances this year. Thanks very much to the TRI Awards judging panel for recognising us. A huge thank you to all our clients, delegates and partners for your support. We know we could not have this success without you. We’re exceptionally grateful.”

These prestigious annual Awards, headline sponsored by Capa, recognise the range, variety and best practice of work undertaken by TRI professionals UK-wide.

Many congratulations to all the other TRI Awards 2020 winners, including EY, Manolete Partners, Howard Kennedy, Kirkland & Ellis, FTI Consulting, StepChange, ReSolve, Wilberforce Chambers, SIA Group, EY-Parthenon, Chamberlain & Co and The Insolvency Service / AlixPartners / KPMG Thomas Cook Team.

 

Insolvency Support Services has teamed up with researchers at the University of Glasgow to undertake a two-part research study of policy-related matters impacting the insolvency sector and wider issues relating to the insolvency and restructuring profession.

In the first part of the research, we are gathering views on current policy-related matters and the corporate insolvency landscape. The second part, planned for Spring 2021, will examine the impact of Covid-19 on the profession, working practices, and policy.

We would be grateful if you could take a few minutes to complete our first survey. * Deadline for completion extended until 15 January 2021 *

All participants will receive a summary of the findings and be entered into a prize draw for the chance to win an ISS Training webinar as well as a £50 voucher for an online retail store of the winner’s choice.

All responses will be treated confidentially and will go directly to Wallace Marketing, an independent consultancy we have commissioned to administer this study.

Many thanks in advance for participating.

 

It’s that time of year when we sign off that we have fulfilled our annual CPD obligations. And if you have an outstanding CPD requirement, we have just the thing for you.

Our online training courses are accessible across a number of platforms and devices, 24/7. Hosted on our Moodle School or GoToWebinar, you can learn at any time, and anywhere, that suits you.

ISS Training’s One Hour Series

Rounding up our 2020 programme, our One Hour Series is available on our ISS Moodle School.

You can pick the individual sessions that suit your needs, or you can choose a stream:

Protecting your Licence:

Changes to the Code of Ethics 

SIP 11 and Financial Controls 

Conducting firm-wide AML risk assessments

Technical Short:

The return of HMRC preferential status

SIP 2 and investigations into conduct 

Books and Records – balancing competing requirements 

Business Insolvency:

Employee Rights and Claims 

Health and Safety basics for IPs

Understanding Environmental Risks 

Cost

£50 + VAT per person

50% reduction for every third one hour session you book.

Anti-Money Laundering 2020 (Including 5MLD changes)

Meet your annual AML training obligation with the ISS online Anti-Money Laundering Update.

This short course is tailored specifically to those working in the insolvency profession and includes:·

• An overview of the key changes to the above, by virtue of the 5th European Money Laundering Directive (5MLD)
• A refresher on key elements of the UK’s Anti-Money Laundering and Terrorist Financing regime, to include:
o Identifying risks
o Client Due Diligence / Enhanced Due Diligence
o Suspicious Activity Report

Cost

Single enrolment – £75 + VAT

Discounted package options are available – see website for full details.

Click here for full course information

How to book

Click here to view our training website where you can book and pay online.

Email: [email protected]

Call: 0845 601 7570

ISS Moodle School /  GoToWebinar

The ISS Moodle School is a widely-used virtual learning environment, and is accessible via your desktop or mobile device via the free Moodle app. This allows us to deliver your training materials in a variety of formats including video presentation, reference materials and online assessment (if applicable) in one place on one platform.   You will receive a registration for your ISS Moodle account the first time you enrol on an ISS course.  All of your ISS course materials will be accessible to you on the Moodle platform for reference and/or download, and you can quickly check your CPD/E record.

Our online learning delivery in live classroom settings take place on the GoToWebinar platform.  Our online virtual classroom sessions may be recorded and made available to all participating delegates for review purposes only.  We will not release these recordings to any other person or organisation except in conjunction with the above purpose.

Video: https://vimeo.com/480392887/9f911cd518

To mark National Grief Awareness Week (2 to 8 December 2020), we are sharing our short “Dealing with bereaved customers” video which we have researched and produced here at Insolvency Support Services. It aims to assist our fellow insolvency professionals in meeting the challenges they and their staff face in dealing with bereaved customers. It is also applicable to others in many other lines of work. We cover the main challenges and common concerns, then propose a three-step approach to dealing with bereaved customers, offer advice on how to support staff and conclude by providing some sources of assistance.

This practical learning video forms part of our Vulnerability Awareness training module, which has been designed to ensure that all staff, in particular those who operate at the frontline, have the appropriate skills and capability to treat vulnerable customers fairly, in line with Financial Conduct Authority guidance.

We hope you find it useful in your work, particularly at this especially difficult time.

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