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Author: Rosalind J. Connor
Publisher: Jordan Publishing (GB)
ISBN: 9781846615559
Category : Bankruptcy
Languages : en
Pages : 0
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Book Description
In the UK, there have been some important developments in pensions and insolvency, notably the Supreme Court decision pending in Bloom v The Pensions Regulator, which focuses on the Regulator's rights where it issues its notice after the commencement of the administration of the recipient. Pensions and Corporate Insolvency sets out to explain the law and the practical issues that arise in the UK's pensions and insolvency. The book covers: the pensions law and institutions * powers of the regulators * the establishment of the PFF * the process for preparing for an insolvency, including financial assessment, negotiating with the parties involved, and competing interests * how to structure the insolvency in terms of moving the liabilities away from the operating company * how to handle the assessment and PFF entry * avoiding negotiation and the regulator risks * solvent restructuring * international issues relating to exporting the Regulator's powers. It starts with a brief summary of the issues, followed by details of the process to be followed, tactical and structuring issues relating to the various forms of insolvency, restructuring options, and the regulatory bodies. The effect on an international group is also covered.
Author: David Pollard
Publisher:
ISBN: 9781526515650
Category : Bankruptcy
Languages : en
Pages : 992
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Book Description
"Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about ?association? and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work."--
Author: David Pollard
Publisher: Tolley
ISBN: 9781860129315
Category :
Languages : en
Pages :
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Book Description
Author: Rosalind J. Connor
Publisher: Jordan Publishing (GB)
ISBN: 9781846615559
Category : Bankruptcy
Languages : en
Pages : 0
Get Book Here
Book Description
In the UK, there have been some important developments in pensions and insolvency, notably the Supreme Court decision pending in Bloom v The Pensions Regulator, which focuses on the Regulator's rights where it issues its notice after the commencement of the administration of the recipient. Pensions and Corporate Insolvency sets out to explain the law and the practical issues that arise in the UK's pensions and insolvency. The book covers: the pensions law and institutions * powers of the regulators * the establishment of the PFF * the process for preparing for an insolvency, including financial assessment, negotiating with the parties involved, and competing interests * how to structure the insolvency in terms of moving the liabilities away from the operating company * how to handle the assessment and PFF entry * avoiding negotiation and the regulator risks * solvent restructuring * international issues relating to exporting the Regulator's powers. It starts with a brief summary of the issues, followed by details of the process to be followed, tactical and structuring issues relating to the various forms of insolvency, restructuring options, and the regulatory bodies. The effect on an international group is also covered.
Author: David Pollard
Publisher: Bloomsbury Publishing
ISBN: 1526519615
Category : Law
Languages : en
Pages : 395
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Book Description
Connected and Associated: Insolvency and Pensions Law discusses, in detail, the meaning and scope of the 'connected', 'associated' and 'control' tests used in the Insolvency Act 1986. These are in sections 249 and 435, and are incorporated by reference in pensions legislation. It also looks at the linked connected person test in The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021. Connected and Associated: Insolvency and Pensions Law will help you to: - Decide whether a person is connected or associated with another under the insolvency test for the purposes of preferences, transactions at an undervalue, or voting in creditor meetings - Decide whether there is a risk of falling within the potential target net for a contribution notice or financial support direction under the moral hazard powers of the Pensions Regulator in the Pensions Act 2004 - Check whether an investment by a pension scheme is within the limits on employer-related investment under the Pensions Act 1995 - Work out when a disposal by an administrator will be to a connected person - Work out who satisfies the independence test for an evaluator - Deal with connected person voting majorities in a creditor vote in a CVA and a Part A1 Moratorium - Understand the implications of the Administration (Restriction on Disposal etc. to Connected Persons) Regulations 2021 Written by David Pollard, one of the leading experts in this field, this is the only in-depth review of the complex test for connected or associated persons and, as such, is an essential title for insolvency and pension lawyers, litigators, pension trustees, employers, investors, lenders and their advisers. David Pollard is a leading and highly experienced lawyer in the insolvency and pensions fields and in related areas. He is a barrister, practising from Wilberforce Chambers in Lincoln's Inn, and previously practised for 37 years as a solicitor in London and Singapore. David's practice focuses on pensions law; insolvency law and; employment law (involving pensions). He was Chairman of the Association of Pension Lawyers (APL) from 2001 to 2003 and has been a vice chair of the Industrial Law Society.
Author: David Pollard
Publisher: Bloomsbury Publishing
ISBN: 1784514713
Category : Law
Languages : en
Pages : 795
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Book Description
Corporate Insolvency: Pension Rights is the only book of its kind to successfully bridge the gap between the two distinct disciplines of pensions law and corporate insolvency law by drawing out the legal principles applicable where the different legal regimes interact.Providing in-depth analysis and drawing together legislation, case law, analysis and comment Corporate Insolvency: Pension Rights focuses on the application of the rules relating to corporate insolvency and how they impact on pensions. It explains the detailed elements of this specialist field of law and practice, providing a useful base on which to answer questions that are likely to arise.Coverage includes: the Supreme Court decision in Nortel and its impact on recovery under TPR's moral hazard powers; limits on the amount of contribution notices: Re Storm Funding; issues on s75 debts: MNRPF v Stena; cases on TPR's moral hazard powers; and surpluses on winding up: UC Rusal Alumina v Miller.Why you should read this bookIf you work as a pensions practitioner, corporate insolvency practitioner or accountant, you will find the up-to-date case law and practical analysis in Corporate Insolvency: Pension Rights an essential aid to your work.
Author: David Pollard
Publisher: Hyperion Books
ISBN: 9780854597376
Category : Bankruptcy
Languages : en
Pages : 331
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Book Description
Author: United States. Government Accountability Office
Publisher: DIANE Publishing
ISBN: 9781422398517
Category : Bankruptcy
Languages : en
Pages : 46
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Book Description
Author: Fran Hawthorne
Publisher: John Wiley & Sons
ISBN: 0470885149
Category : Business & Economics
Languages : en
Pages : 258
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Book Description
Fran Hawthorne, author of Pension Dumping, is a recipient of the New York State Society of Certified Public Accountants award for Excellence in Financial Journalism for 2009—the first year books have been honored. Pension plans in America no longer represent commitments that financially troubled companies will honor. Neither bankruptcy courts, nor Washington, nor unions have the clout to make them do so. The disposition of these plans is instead left to serve the needs of big investors. Often these investors are a failing company’s best hope of restructuring after bankruptcy. Investors want a lean investment unburdened with financial promises to employees no longer on the payroll. Despite laws passed to discourage the termination of plans, the courts allow it, caving in to the forces garnered to reinvigorate a failing company. Unions are often compelled to choose between the financial welfare of retirees and jobs for active workers. Pension Dumping explains in shocking detail how terminating the pension plan became a knee-jerk strategy for bankrupt companies that hope to attract big investors to help them reorganize. Hawthorne traces the dynamics and the players involved as a pension is targeted for termination: thebankruptcy court and the hierarchy of power that dictates whose interests will prevail the choices forced on unions the burden placed on the Pension Benefit Guaranty Corporation the risks investors take and the returns they look for the companies’ efforts to salvage what they can as they restructure, as well as the backlash they risk by breaking pension promises In 2008, Pension Dumping was cited in testimony before a Congressional committee investigating bankruptcies in relation to pensions.
Author: Janis Pearl Sarra
Publisher: Carswell Legal Publications
ISBN: 9780779817375
Category : Business & Economics
Languages : en
Pages : 499
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Book Description
"This study is the most comprehensive analysis of the treatment of social claims in insolvency to date, and will make an important contribution to a timely and important public policy debate. The text can be used to challenge the status quo, to compare and contrast one system to another in order to frame an argument of why wages and pensions should be treated differently in your country. This book is divided into parts that are designed to provide the most detailed account of world insolvency systems and how they treat wages and benefits of employees."--pub. desc.
Author: David Pollard
Publisher: Bloomsbury Publishing
ISBN: 1784514675
Category : Law
Languages : en
Pages : 727
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Book Description
Corporate Insolvency: Employment Rights is the only book of its kind to successfully bridge the gap between the two distinct disciplines of employment and corporate insolvency law by drawing out the legal principles applicable where the different legal regimes interact.How this book can help you in your workProviding in-depth analysis and drawing together legislation, case law, analysis and comment Corporate Insolvency: Employment Rights focuses on the application of the rules relating to corporate insolvency and how they impact on employees. It explains the detailed elements of this specialist field of law and practice, providing a useful base on which to answer questions that are likely to arise, for example: How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? Who is liable and what priority is given to past or future claims? Keep up to dateCoverage includes:? The changes to expenses and provable debts following the Supreme Court decision in Nortel? Changes to Tupe in 2014? Who is a "worker": Clyde & Co v Bates van Winkelhof? Caselaw on Tupe and dismissals, including: Crystal Palace FC Ltd v Kavanagh? New employment tribunal fees and penalties? Changes to preferential debtsWhy you should read this bookIf you work as an employment practitioner or corporate insolvency practitioner, you will find the up-to-date case law and practical analysis in Corporate Insolvency: Employment Rights an essential aid to your work.
