Insolvency Practitioner Quiz

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Questions and Answers

What is the primary responsibility of an insolvency practitioner (IP)?

  • To ensure the company's assets are distributed fairly among creditors. (correct)
  • To represent the interests of the company's employees.
  • To investigate the conduct of the directors of the insolvent company.
  • To advise the insolvent company on how to avoid further losses.

Under what circumstances is an insolvency practitioner obligated to report director conduct to the Secretary of State?

  • When a company enters into a voluntary arrangement.
  • When a company is facing financial difficulties but has not yet been declared insolvent.
  • When a company is declared insolvent under any procedure except voluntary arrangements and solvent liquidations. (correct)
  • When a company undergoes solvent liquidation.

What is a key difference between voluntary arrangements and solvent liquidations?

  • In voluntary arrangements, the directors retain some control over the company, while in solvent liquidations, they lose all control.
  • Voluntary arrangements involve a court-appointed receiver, while solvent liquidations do not.
  • Voluntary arrangements are typically used for small businesses, while solvent liquidations are used for larger corporations.
  • Voluntary arrangements are aimed at restructuring debt, while solvent liquidations result in the company being dissolved. (correct)

Which of the following statements about the European Regulation on Insolvency Proceedings (ERIP) is TRUE?

<p>ERIP creates a framework for the coordination of insolvency proceedings across different European Union countries. (C)</p> Signup and view all the answers

Which of the following is NOT a reason why an insolvency practitioner might not investigate the conduct of directors further?

<p>The directors have already been disqualified by a court order. (A)</p> Signup and view all the answers

What is the purpose of the 'Safeguard' procedure in France?

<p>To allow companies facing financial difficulties to restructure and avoid bankruptcy. (D)</p> Signup and view all the answers

What is 'wrongful trading' in the context of insolvency?

<p>Continuing to trade a company after it has become inevitable that it will be liquidated. (A)</p> Signup and view all the answers

Which of the following statements about employees of an insolvent company is TRUE?

<p>The fate of employees is determined by the type of insolvency procedure used for the company. (A)</p> Signup and view all the answers

Which of the following best describes a 'De facto director'?

<p>An individual who acts as a director but is not formally appointed and registered. (D)</p> Signup and view all the answers

What is the primary purpose of a Creditors' meeting?

<p>To decide which insolvency practitioner will handle the case. (B)</p> Signup and view all the answers

What is the main difference between a Compulsory Liquidation and a Creditors' Voluntary Liquidation (CVL)?

<p>A compulsory liquidation is initiated by the creditors, while a CVL is initiated by the shareholders. (C)</p> Signup and view all the answers

What is a 'Deed of arrangement'?

<p>An outdated method for individuals to reach an agreement with creditors outside of bankruptcy. (A)</p> Signup and view all the answers

Which of the following is NOT a characteristic of a Debt Relief Order (DRO)?

<p>The debtor must have significant assets, exceeding £300. (B)</p> Signup and view all the answers

What is 'Crystallisation' in the context of insolvency?

<p>The process of converting a floating charge into a fixed charge. (B)</p> Signup and view all the answers

Which of the following is a legal consequence of being disqualified as a director?

<p>The inability to hold any management position in a company for a period. (B)</p> Signup and view all the answers

What is the primary distinction between a Company Voluntary Arrangement (CVA) and a Creditors' Voluntary Liquidation (CVL)?

<p>A CVA involves restructuring debts, while a CVL involves the complete dissolution of the company. (B)</p> Signup and view all the answers

What is a 'shadow director' in the context of insolvency law?

<p>A person who, despite not being a director, exerts influence over the management of a company. (C)</p> Signup and view all the answers

Which of the following accurately describes a 'Scheme of arrangement'?

<p>A formal agreement between a company and its creditors to restructure debts or make other financial arrangements. (D)</p> Signup and view all the answers

What is the purpose of a 'statutory demand'?

<p>To initiate legal action against a company that has failed to pay its debts, potentially leading to bankruptcy. (C)</p> Signup and view all the answers

In the context of insolvency, what is the role of a 'trustee'?

<p>To manage the assets of a debtor in insolvency proceedings, distributing them to creditors. (A)</p> Signup and view all the answers

In the context of insolvency law, what does 'security' refer to?

<p>A legal right granted to a creditor to take possession of a debtor's assets in the event of non-payment. (A)</p> Signup and view all the answers

What is the significance of 'TUPE Regulations' in the context of insolvency?

<p>They provide legal protection to employees of a company that is undergoing insolvency proceedings. (A)</p> Signup and view all the answers

What is a 'trust deed' in the context of Scottish insolvency law?

<p>A legal agreement whereby a debtor transfers their assets to a trustee for distribution among creditors. (C)</p> Signup and view all the answers

Which of the following best describes 'reservation of title'?

<p>A legal strategy for a supplier to retain ownership of goods until they are paid for. (A)</p> Signup and view all the answers

What is the purpose of a liquidator in the process of liquidation?

<p>To distribute assets to creditors and shareholders (C)</p> Signup and view all the answers

In terms of insolvency proceeding, what does CoMI stand for?

<p>Center of Main Interests (B)</p> Signup and view all the answers

What distinguishes Members’ voluntary liquidation from other types of liquidation?

<p>The company can pay its debts in full with interest (C)</p> Signup and view all the answers

What is the function of a nominee in a voluntary arrangement?

<p>To act on behalf of creditors during the approval process (A)</p> Signup and view all the answers

Which act requires the valuation of a pension scheme’s liabilities on an insurance company annuity basis?

<p>Pensions Act 1995, section 75 (C)</p> Signup and view all the answers

What defines an unsecured creditor?

<p>Any ordinary creditor without security. (D)</p> Signup and view all the answers

What is the primary purpose of a voluntary arrangement (VA)?

<p>To avoid insolvency through negotiated debt payments. (D)</p> Signup and view all the answers

What is a winding-up order?

<p>A court order for a company to enter compulsory liquidation. (D)</p> Signup and view all the answers

What does wrongful trading refer to?

<p>Continuing to trade after it becomes clear that insolvency is imminent. (A)</p> Signup and view all the answers

Which act introduced special moratorium arrangements for small companies?

<p>Insolvency Act 2000 (A)</p> Signup and view all the answers

What is the role of an insolvency practitioner (IP)?

<p>To assist with liquidation and insolvency matters. (D)</p> Signup and view all the answers

What does the term 'joint estate' refer to?

<p>The partnership assets of an insolvent partnership. (B)</p> Signup and view all the answers

What occurs during an interim order?

<p>Protection from creditor remedies while a voluntary arrangement is being arranged. (B)</p> Signup and view all the answers

Which of the following accurately describes the primary difference between a CVA and a pre-pack?

<p>A CVA aims to restructure the company and keep it operating, while a pre-pack involves selling assets and leaving liabilities behind. (D)</p> Signup and view all the answers

Why might a pre-pack arrangement be considered a preferable option compared to a CVA?

<p>Pre-packs are typically faster and less complex, allowing for a swift resolution to the company's financial troubles. (D)</p> Signup and view all the answers

In a pre-pack situation, which of the following parties is typically involved in preparing for the sale of the business?

<p>The administrators, the company's management, and potential buyers (B)</p> Signup and view all the answers

Which of the following statements is TRUE regarding the use of CVAs and pre-packs?

<p>Pre-packs are often favoured in situations where a quick resolution is needed, while CVAs might be more suitable for long-term restructuring. (A)</p> Signup and view all the answers

What is the significance of management's contributions in a CVA?

<p>They represent the company's commitment to working towards a successful restructuring. (A)</p> Signup and view all the answers

Why might unsecured creditors be more likely to support a CVA, even though they may receive a lower return compared to a pre-pack?

<p>Unsecured creditors may see a CVA as an opportunity to maintain a business relationship with the distressed company. (B), CVAs provide unsecured creditors with a chance to gain a portion of future revenues, while a pre-pack typically results in no further returns. (C)</p> Signup and view all the answers

Flashcards

Partnership Voluntary Arrangement (PVA)

A legal agreement for a partnership to resolve financial troubles with creditor support.

Effect of a PVA

Once approved, a PVA binds all creditors regardless of their involvement.

Pre-packaged Administration (Pre-Pack)

A pre-pack is a sale of a company's assets agreed before insolvency.

Purpose of a Pre-Pack

To preserve value for the business, creditors, and shareholders.

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CVA vs Pre-Pack

A CVA keeps the business intact, a Pre-Pack transfers ownership while leaving liabilities behind.

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CVA Engagement

CVAs are public processes with all creditors engaged, leading to increased involvement.

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Management's Choice for CVA

Owner-managed businesses often choose CVAs to restructure and survive financial issues.

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Unsecured Creditors and CVAs

Unsecured creditors may support a CVA for better future revenue and relationships with suppliers.

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Company voluntary arrangement (CVA)

A proposal by directors for partial or full payment of debts.

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Compulsory liquidation

Liquidation ordered by courts due to unpaid creditor petitions.

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Creditor

A person or entity owed money.

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Creditor's meeting

A meeting for creditors to appoint insolvency practitioners or consider proposals.

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Debt Relief Order (DRO)

An insolvency solution for individuals with low liabilities and minimal income.

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Discharge

Release from liability granted to a bankrupt after a bankruptcy order.

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Disqualification

Removal of a director's right to manage a company for misconduct.

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Creditors' voluntary liquidation (CVL)

Winding-up of an insolvent company by shareholder resolution.

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Reservation of title

A legal mechanism allowing suppliers to retain ownership of goods until payment is received.

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Scheme of arrangement

A compromise or arrangement between a company and its creditors under the Companies Act 2006.

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Secured creditor

A creditor with security over the debtor’s assets, prioritized in payments.

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Security

A charge or mortgage on assets to secure repayment of a debt.

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Sequestration

Personal bankruptcy term used in Scotland under the Bankruptcy (Scotland) Act 1985.

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Shadow director

An individual who gives directions to a company’s directors without being an official director.

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Statutory demand

A formal notice demanding payment of a debt within 21 days, leading to potential bankruptcy.

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TUPE Regulations

Laws ensuring employee contracts transfer automatically during a business sale.

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Liquidation

Process that ends a company’s existence by distributing assets to creditors/shareholders.

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Liquidator

An official receiver or licensed IP assigned to wind up a company's affairs.

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Member (of an insolvent company)

A shareholder or subscriber of a company undergoing insolvency.

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Moratorium

A suspension of creditors' legal rights against a company or individual.

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Misfeasance

Breach of duty regarding a company's funds or property by its directors or managers.

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Voluntary Arrangement (VA)

An insolvency procedure where creditors agree to terms with a debtor.

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Voluntary Liquidation

A company-initiated liquidation, not imposed by a court.

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Winding-up Order

A court order to place a company into compulsory liquidation.

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Insolvency

Insufficient assets to meet debts or unable to pay debts on time.

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Insolvency Practitioner (IP)

A licensed individual authorized to handle insolvency matters.

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Interim Order

A protection court order for a debtor during a voluntary arrangement process.

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Judgment

Recognition of a debt or a court decision after trial.

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Insolvency Practitioner (IP) Duties

An IP acts on behalf of creditors in insolvency matters.

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How is an IP paid?

IP is compensated from the assets of the insolvent company or individual.

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Employees of Insolvent Company

Employee fate depends on the insolvency procedure used.

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Redundancy for Employees

Employees of a closing insolvent company may be entitled to redundancy payments.

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Director Conduct Investigation

The IP reports director conduct for potential disqualification, unless it's a voluntary arrangement.

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Wrongful Trading

Continuing to trade when liquidation is inevitable, causing losses to creditors.

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Cross-Border Insolvency

European Regulation coordinates insolvency proceedings across EU countries.

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French Safeguard Procedure

A preventative restructuring option for solvent companies in France.

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Study Notes

Insolvency in Brief - Study Notes

  • Insolvency: Occurs when individuals or businesses lack sufficient assets to cover debts or are unable to pay debts when due.

  • Bankruptcy: Formal insolvency process in England and Wales for individuals, not companies.

  • Insolvency Procedures (UK): Distinguished into rescue (administration, CVA, schemes of arrangement) and liquidation (creditors' voluntary liquidation [CVL], compulsory liquidation.

  • Corporate Insolvency: Business becomes insolvent when unable to pay debts or has insufficient assets to meet debts.

  • Procedures for Insolvent Companies: Administrations, Company Voluntary Arrangements (CVAs), administrative receiverships, compulsory liquidations, and creditors' voluntary liquidations (CVLs).

  • Voluntary Arrangements: Companies/partnerships/individuals restructure payment plans with creditors, supervised by an insolvency practitioner.

  • Pre-Pack Administrations: Insolvency process that sells a company's assets to a new entity prior to insolvency. Used primarily for rescue.

  • Liquidations: Company's assets are converted into cash then distributed to creditors, often the final stage.

  • Creditors' Recovery: Creditors' involvement in insolvency proceedings. Meetings, voting, and claims.

  • Insolvency Practitioners (IPs): Professionals offering services in insolvency procedures.

  • Cross-Border Insolvency: Insolvency processes across national borders, governed by European Union Regulation.

  • Personal Insolvency (UK): Includes Individual Voluntary Arrangements (IVAs) and Debt Relief Orders (DROs). Also Trust Deeds used in Scotland.

  • Pension Fund Deficits: Consideration of pension scheme obligations during insolvency.

  • Schemes of Arrangements: Formal insolvency procedure involving negotiation between a company and its creditors, enforceable by court order.

  • Frequently Asked Questions: Provided on insolvency processes, procedures, and associated terms.

Contact Information

  • PricewaterhouseCoopers (PwC): Insolvency services offered from multiple UK locations. Phone & email contacts listed.

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