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Eileen Maclean speaking at IPA Spotlight on AML and Fraud Conference

Our director Eileen Maclean is joining a great lineup of speakers at the Insolvency Practitioners Association (IPA)‘s Spotlight on AML and Fraud Conference 2024 on 25 September in Birmingham.

With a focus on AML compliance an essential part of insolvency practice, the importance of understanding AML risks and documenting them in insolvency work cannot be overstated. Taking a proactive, strategic approach to safeguarding businesses against the ever-present threat of money laundering is vital for all insolvency professionals in meeting regulatory requirements.

Bringing together experts from various relevant sectors, including insolvency, law enforcement, cybersecurity, government agencies, legal and regulation, the conference will aim to help delegates stay protected from AML and fraud threats in their daily practice.

Book your place

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Relevant date for preferential claims in a Scottish court liquidation

Insolvency Support Services had a recent enquiry on the relevant date for claims in a Scottish court winding up which commenced with the appointment of a provisional liquidator.  Which date should go on the HMRC Form VAT769 for the purposes of quantifying the preferential claim for VAT? 

Section 387(3)(b) IA86 brings forward the date for the calculation of preferential claims to the earliest of the winding up order or the appointment of a provisional liquidator.  “… the relevant date is the date of the appointment (or first appointment) of a provisional liquidator, or if no such appointment has been made, the date of the winding up order …”

That in effect overrides R7.22 ISRWUR2018 that deals with claims generally and refers to the date of the winding up order as the relevant date for all other claims.

S387 recognises that if you have capacity as Provisional Liquidator, preferential claims crystalise at the point that you take control, with the presumption that you would be dealing with employees, trading and HMRC etc. as a cost of your appointment.

In the case of a provisional liquidator appointment therefore, you put that date on your VAT 769 and not the date of the winding up order.

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Accounting periods in Scottish Administration

There’s some debate surrounding R3.95 ISCVAAR2018 just now, regarding the application and meaning of R3.95(2) in terms of administration accounting periods.  Must an administrator submit a request for remuneration in relation to every accounting period, or is there flexibility in terms of submission (as there is in the Liquidation Rules)?

The relevant statute is reproduced here:

R3.95(2) appears to allow the Administrator to apply for remuneration, not only for the accounting period that has just expired, but also the previous accounting period. The use of the definite article appears to mean that an administrator can in practice claim for two accounting periods at a time, but no more. This is very different to liquidation, where so long as the Liquidator applies in conjunction with an accounting period, they can apply for as many past periods as necessary.

The terms of R3.95(1) appear to be distinct – where an Administrator intends to apply, they must do so within two weeks of the accounting period. Depending on how you read Rule 3.95(2) it indicates that they can apply for the prior period as well, if they have not already done so, unless you read “prior” as meaning the accounting period that has just ended! Either reading precludes an application for three or more extant accounting periods, without requesting the permission of the court to waive the failure of the IP to make a timely claim.

We are aware that the “two accounting period approach” has been successfully utilised by a number of Administrators, but there is no definitive decision or commentary from the Scottish Courts on this matter and this approach.

As always, therefore, the answer is to manage your accounting periods and the deadlines imposed by statute, rather than relying on the court to remedy a missed submission. Take legal advice if you are unsure.

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Kim Guthrie joins Insolvency Support Services

A very warm welcome to Kim Guthrie, who has joined Insolvency Support Services as an Administrator.

Kim brings a wealth of business administration experience to the team, having enjoyed a varied career to date. Prior to joining Insolvency Support Services, Kim had spent 11 years in client-facing customer service with a leading house builder and eight within a Big 4 accountancy firm’s restructuring practice.

Find out more about Kim in the Meet us section of the website.

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Insolvency Support Services sponsors R3 Annual Conference 2024

Insolvency Support Services is delighted to be a sponsor of the R3 Annual Conference 2024, taking place from 1 until 3 May at the Fairmont Hotel in St. Andrews.

With an overall theme of “Forging global pathways: UK insolvency and restructuring in a post-Brexit world”, the conference will explore global economic trends and the role and shape of the ecosystem for insolvency and restructuring in an interconnected world.

With some 250 delegates expected at the three-day event, the programme includes not only conference sessions with great speakers, but also an extensive range of social and networking activities.

Insolvency Support Services director Eileen Maclean commented: “Having collaborated successfully with R3 in various guises over many years, we are excited to be sponsoring this year’s annual conference, especially as it is taking place in Scotland. Our team is really looking forward to catching up with everyone over the three days at the conference and to welcoming delegates to our stand.”

For more information and to book, please visit the R3 Annual Conference 2024 website.

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Joint Insolvency Exam Training Scotland 2024 

We pride ourselves on the quality of our material, the depth of our practical experience as IPs and our ability to translate both into exam success for our candidates.

Our Joint Insolvency Exam Training (JIE) courses are structured in three-day modules and designed to cover the relevant legislation and the exam syllabus in depth. We include detailed notes to aid learning and revision, and we also look at practical issues faced when taking appointments, current issues in insolvency and the impact of recent judicial decisions.

Our programme now includes two mock exams, which we will mark and return with individual written comments on technical ability and exam technique. We also provide individual coaching and support self-study throughout the year, and run weekly online revision sessions in the months leading to the exams.

Candidates will be examined on legislation in force as at 30 April 2024.

BOOK YOUR PLACE

Book online: JIE 2024

Email: [email protected]

Call: 0845 601 7570

Feel free to contact us should you have any questions in relation to these courses.

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CPI and CPPI Scotland 2024

ISS Training is delighted to launch its 2024 training courses for the CPI Scotland suite of exams.

The IPA’s Certificate of Proficiency in Insolvency exams are qualifications designed to test and demonstrate competency in insolvency administration. The CPI exam tests candidates’ knowledge of both corporate and personal insolvency. CPPI concentrates solely on personal insolvency and non-insolvency debt solutions.

The annual sitting of the CPI and CPPI Scotland exam will be in June 2024.

CPI is a flexible qualification. It recognises the capabilities of staff who have several years’ experience in insolvency. It can also be used as a stepping stone towards the JIEB exam by candidates and their employers.

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 not just the statutory forms of personal insolvency but also incorporates non-statutory debt solutions and the sequestration of partnerships.

BOOK YOUR PLACE

Book online: CPI | CPPI

Call: 0845 601 7570

Email: [email protected]

Feel free to get in touch should you have any questions in relation to these courses.

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CPI and CPPI exam success for ISS Training’s students

Many congratulations to all the ISS Training students who passed the Certificate of Proficiency in Insolvency (CPI) and Certificate of Proficiency in Personal Insolvency (CPPI) exams in the June 2023 sitting.

Well done on all your hard work and achievement. And a special mention for Deborah Law and Andrew McMillan on achieving first place in Scotland in CPI and CPPI respectively – well done both.

JIE, CPI, CII and CPPI training

Is it your turn next? For full details of all our insolvency exam courses, visit ISS Training.

If you would like to discuss your options, please get in touch on 0845 601 7570 or at [email protected]

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Eileen Maclean to speak at IPA Roadshow in Glasgow

Insolvency Support Services’ director Eileen Maclean will be speaking at the IPA Roadshow in Glasgow on 24 August 2023.

Taking place at EY’s Glasgow offices, the event is sponsored by EY, Manolete and Marsh.

The agenda includes the economic prospects in Scotland, new and upcoming trends in the world of personal insolvency in Scotland, and legal and regulatory sessions to ensure knowledge in these areas is fully up to date.

As well as opportunities to refresh existing knowledge and learn, delegates will be able to network at a drinks reception after the event.

Reserve your place


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Eileen Maclean to speak at R3 Scotland Insolvency Forum 2023

Insolvency Support Services director Eileen Maclean is delighted to be joining a fantastic line-up of speakers at the R3 Scotland Insolvency Forum 2023 on 8 June at The Balmoral in Edinburgh.

With a theme of “Restructuring and Insolvency – A New Era Begins’, the event will focus on the economy, diversity and inclusion, the role of the public sector in insolvency and restructuring, operational efficiency with HMRC, and artificial intelligence.

It should be a day of great networking, learning, and planning forward with fellow insolvency, restructuring and turnaround professionals.

To register, please visit R3’s website.