This snapshot taken on 09/07/2011, shows web content selected for preservation by The National Archives. External links, forms and search boxes may not work in archived websites.
March 2008
PART 3
INITIAL NOTICES AND LETTERS
3.46 Notice of winding-up order – general
This Part of the Chapter provides information and guidance on the sending of initial notices and other letters following the making of a winding-up order. Paragraph 3.48 covers those organisations to whom immediate or 24-hour notice should be sent; paragraphs 3.49 to 3.63 cover those organisations to whom notice should be sent once appropriate information has been obtained by the official receiver; and paragraphs 3.64 to 3.83 cover those organisations who should be notified in specific circumstances.
3.47 Correct title to be used on notices and correspondence
All notices, letters etc. sent by the official receiver concerning the winding up and bearing the company’s name should clearly indicate that the company is in liquidation. Letters should begin RE X LIMITED (IN LIQUIDATION) [note 1].
Where the official receiver is liquidator of a company which is also in administrative receivership any correspondence should also indicate that the company is in administrative receivership [note 2].
3.48 Notice of winding-up order generally - immediate notice
The official receiver should give notice of the winding-up order by telephone or by first class mail or by any available faster or more cost effective method such as fax or DX (references should be included where available), within 24 hours of the making of the order, or as soon as possible if contact cannot be made immediately, to the following:
Appointed/previously appointed insolvency practitioner
Any voluntary liquidator [note 3], administrator [note 4], administrative receiver [note 5] or supervisor of any voluntary arrangement - see also paragraph 3.57.
Suppliers
Any potential supplier of goods (to stop delivery).
Charge holders
Any holder of a fixed or floating charge over the company’s property.
3.49 Notice of winding-up order - within 24 hours, or as soon as possible
Notice of the winding-up order must be given on the appropriate form to the organisations outlined in paragraphs 3.49 to 3.83 within 24 hours of becoming aware of them.
The initial telephone enquiries made may not always provide enough information to enable the official receiver to contact more than a limited number of organisations, such as the local court and the company’s solicitors and accountants. Sufficient information is likely to be obtained at first interview when any remaining notifications of the order should be sent.
The official receiver should notify the company's bank as soon as practically possible (and certainly within five working days of the winding-up order) and should do so as soon as he/she obtains the bank's full address and account numbers.
A standard letter is available through document production for dealing with a company’s bank account. The letter offers various options on how to deal with the account concerned [note 6].
The official receiver should notify any bank where the company has an account. If the bank is informed promptly this may prevent any unauthorised withdrawal of funds by the directors.
Banks, particularly at branch level, may be able to trace a company’s account simply from the company’s name although the official receiver should try to obtain account numbers before contacting the bank. Banks will not usually give out any information concerning a company’s account over the telephone and may not even confirm that an account is held without being contacted by letter. In cases of urgency, a bank may provide information after receiving a faxed notification of the order.
Where the bank holds a charge over the company’s property, it is particularly important that early contact is made so that it can be established in the early stages of the case whether it is the bank’s intention to appoint an administrative receiver. Reference should also be made to paragraph 3.42 which relates to book debts.
Where the official receiver is realising a credit balance on a bank account, he/she should take a practical approach. The cost of the efforts made should not be more than the amount realised. If the balance (or sum of balances with one bank) which the official receiver is seeking to realise is £50 or less, BANK 1 should be sent asking for the balance, perhaps a telephone call to follow up and then no more than one further follow-up letter. Where the amount to realise exceeds £50, the official receiver should use his/her discretion as to the effort required from his/her staff to collect.
See Part 3 of Chapter 31.5 for further information on the realisation of cash at bank.
The official receiver should notify any credit/charge card company where the company has an account. It is also important to give immediate notice to credit and charge card companies, where the company operated a facility for acceptance of payment by credit/charge card for its goods or services.
Credit or charge card companies are unlikely to be able to trace an account without an account number, and any correspondence sent without such an account number will probably be returned requesting the account number. It may be prudent, therefore, to obtain the account numbers from the company officers or records before attempting to make contact with credit or charge card companies.
3.52 Courts – general notice (amended May 2010)
In High Court and District Registry cases the official receiver should consider sending notification of the order to the local county court as the company may be a party to legal proceedings of which the official receiver is unaware.
Where, at the date of the winding-up order, it is known that the company is a party to legal proceedings other than the winding-up proceedings, the official receiver should notify the court(s) and other parties as a matter of urgency (quoting the case numbers or other court references if known). Official receivers may adapt the standard Notice of Order form [note 7] for this purpose.
Notification should be sent to the court(s) by recorded delivery within 24 hours of the making of the order, or by the fastest available means, for example, fax or DX, if more urgent delivery is warranted by the circumstances of the case.
See paragraph 3.41 for further information on the action to be taken at the initial stage when proceedings are ongoing against a company in liquidation.
3.53 County courts – notice in respect of execution levied
The District Judge of the county court for all areas in which the company is known to have carried on business in the previous six months should be sent the standard notiification form [note 8], accompanied by a blank schedule of executions levied. The schedule should be completed by the court to show whether any goods or monies have been seized on behalf of a judgement creditor over which the official receiver may have a claim (see Chapter 2 Part 2 for further information in this regard).
3.54 Notice to High Court Enforcement Officers (amended May 2010)
Since 1 April 2004, there has been no certainty about which High Court Enforcement Officer (HCEO) will hold a High Court writ of execution [note 9]. HCEOs are not bound by any geographical restrictions and individual officers can choose to act in any area. Judgment creditors can request that a particular enforcement officer is appointed in the execution of a writ, or writs may be allocated for execution on a rota basis to those enforcement officers who have chosen to act in the relevant area.
The database (NICEsheriffs) and allocation of work to HCEOs is managed by Registry Trust Limited. This organisation obtains information in relation to liquidations electronically from the ‘London Gazette’ and it is, therefore, not necessary to send paper notices of a winding up to the organisation.
For cases where the winding up commenced before 6 April 2010, the Rules [note 10] state that the official receiver should deliver by hand or send by recorded delivery written notice of the making of a winding-up order to the appropriate HCEO in order that goods and/or money will be preserved for the insolvency estate. In practice, HCEOs generally accept the electronic notification to NICEsheriffs as sufficient. In the event that the enforcement officer requires notice in writing, (for example, if he/she has taken goods in execution) [note 11] Registry Trust Limited will request the official receiver to send a notice [note 12] complying with the rules to the HCEO acting in the execution.
In cases where the insolvency petition was presented on or after 6 April 2010, the Insolvency (Amendment) Rules 2010 permit notice of the winding up to be given to the enforcement officer by any means of delivery which enables proof of receipt of the document at the relevant address. This specifically includes giving notice by electronic means to any person who has been authorised to receive such notice on behalf of a specified enforcement officer or on behalf of enforcement officers generally. [note 12a]. This has regularised the existing procedure so that the official receiver is not required to send notice to the HCEO in order to preserve any company assets seized.
The contact details of the organisation who manage the database of HCEOs:
NICESheriffs
Registry Trust Limited
173-175 Cleveland Street
London
W1T 6QR
DX137592
EUSTON 4DX
Details of individual enforcement officers can be obtained at www.hceoa.org.uk
a) Tax and National Insurance contributions - the Insolvency Claims Handling Unit deals with claims in insolvency proceedings relating to both tax and National Insurance. Data on new company cases is automatically extracted from LOIS and sent to HMRC at Longbenton. The data is collected three days after it has been input onto LOIS and is sent automatically to the HMRC on Monday, Tuesday and Friday. It is imperative therefore that the case name is entered onto LOIS as quickly and as accurately as possible. It is not necessary to send a paper copy of the information.
b) VAT - In every case where the insolvent is registered for VAT, the official receiver should complete HMRC form VAT 769 (notification of insolvency) as soon as possible and indicate on the form whether deregistration is appropriate. This form is the initial document informing HMRC of the insolvency. Where possible the VAT number should be provided. If this is not available the form should still be sent, as HMRC will attempt to locate the case through searches. HMRC would prefer the VAT 769 to be sent electronically as there is less chance of the forms going astray. To access the VAT769 visit the HMRC site, www.hmrc.gov.uk, click on the red box 'businesses and corporations', under Forms, click VAT forms and the VAT 769 is listed. The completed form should be sent to insolvencyhelpdesk@hmrc.gsi.gov.uk. Forms sent by post should be sent to:
HMRC
VAT Operations Insolvency
3rd Floor NW, Queens Dock
Liverpool
L74, 4AA.
No other notification of the order is required.
Please see Chapter 77 – Direct Taxation and Chapter 78 – Value Added Tax for more information.
Further information is also available on the OROS pages of the Intranet (http://intranet/OROS/OROS/ContactWithCrownDepa/ContactWithCrownHome.htm)
The landlord of any premises occupied or rented by the company should be issued with the standard letter [note 13]. The landlord may be a creditor, and the premises may contain company assets or records. Arrangements should be made for the collection of any accounting and statutory company records and other company papers at company premises within 10 days of the making of the order. See also Chapter 10, Part 2 for more information on obtaining custody of accounting records.
Where the landlord has taken back possession or intimates his intention of levying distress, reference should be made to Chapter 9 – Action against property of insolvent.
The company’s solicitors and accountants should be sent a standard letter requesting all books, documents, papers etc. in their possession relating to the company’s affairs [note 14].
Arrangements should be made for the delivery or collection of any accounting and statutory company records and other company papers and the appropriate receipt given within 10 working days of the making of the order - see Chapter 10 - Custody, preservation and destruction of records for further details.
If the solicitors or accountants attempt to claim a lien on the company’s records, reference should be made to Chapter 9, paragraph 9.109 and Chapter 10, Part 7.
For information and advice on steps to take in the event of an un-cooperative solicitor or accountant, please see Chapter 13, Part 2 and Chapter 64.
Insurers and/or insurance brokers of the company should be sent notice enquiring as to the nature and extent of existing insurance cover, quoting, when known, details of policy numbers.
See also – Chapter 49 – Insurance
Any loan creditors, including mortgagees of property should be sent notice [note 15] in order to protect the official receiver’s interest in respect of a charged asset and make early enquiries into the value of the asset. With regards to unsecured loans, early receipt of information may assist the official receiver’s enquiries into the affairs of the company and provide helpful information for use in the vetting interview.
See paragraph 3.44 for information on the action to be taken at the initial stage where action is being taken under a mortgage.
3.60 Business rates - local authority
All relevant local authorities should be sent notice if the company is responsible for the payment of business rates on any premises, quoting the address of the premises and any reference numbers known.
If the company is no longer in occupation of the premises, the local authority should be informed so that no further business rates are incurred. If the company owns or leases the premises, there may still be a liability for business rates even if the property is unoccupied.
Further information relating to the business rates system generally is also contained in Chapter 77 – Direct taxation.
3.61 Third parties holding company property
Any person holding or likely to be holding any property of the company (including assignees of book debts or any other assets) should be sent notice to prevent assets being disposed of.
If the assets are believed to be in jeopardy, they should be collected promptly.
3.62 Items on lease, hire or hire purchase - third party owners of goods
Notice should be sent to the owners of any goods or property held by the company on hire, hire-purchase, lease, on loan, for safety custody, for repair or otherwise, including suppliers of stock/goods where retention of title is claimed [note 16].
Reference should be made to Chapter 31.6 – Stock, work in progress, plant machinery paragraphs 31.6.52 to 31.6.53 for the policy when dealing with third party goods.
3.63 Utilities other than water services – notice not normally required
The providers of utilities such as electricity, gas and telephone are now private companies and in some areas of the country there are multiple service providers, which may make it difficult in the early stages of a case to identify which supplier a company dealt with.
Unless there are special circumstances, such as the continuation of a business, or complete information such as account numbers and trading address(es) is available, (for example, if a trading business is closed down and the records are available shortly after the order), there is no reason why the utilities should be treated in a different manner to any other trade creditor and receive notification of the order when the report to creditors and meeting/no meeting notice are dispatched.
The contact details of energy suppliers in the UK are available at:
(See paragraph 3.64 for information on the action to be taken in respect of water supply companies)
3.64 Water supply – water supply company
In many areas of the Country the provision of water services is still limited to a very small number of companies. Those companies would usually form part of the standard notices package used by official receivers. Some areas have two water companies operating – one for the supply of fresh water and the other for the removal and treatment of waste water. Notice should be issued to appropriate water supply companies as soon as the relevant information (such as account numbers and/or addresses) is available.
In cases of doubt, the contact details of water supply companies in the UK are available at:
http://www.ccwater.org.uk/server.php?show=nav.284
3.65 Doctors, Dentists and Pharmacists - Primary Care Trust
Where a winding-up order is made in relation to a dentist, doctor or pharmacist notice should be sent to the Chief Executive of the Primary Care Trust of the Area Health Authority in whose area they practice. Where the official receiver is not prepared to carry on the business, notice of his/her intention to discontinue the trading must also be given.
Contact details for the Area Health Authorities are available at (http://www.nhs.uk/ServiceDirectories/Pages/AcuteTrustListing.htmx)
In the case of a dentist or doctor in private practice it is not necessary to inform the Primary Care Trust, though it would be appropriate to notify any health plan company from which the dentist received payments (see paragraph 59.62 of Chapter 59).
For further details relating to the insolvency of a doctor or dentist, see Chapter 59, paragraphs 59.58 to 59.74.
3.66 Dentists - Dental Services Division of the NHS Business Services Authority
For every piece of work done by a dentist through NHS practice, he/she will charge a fee. That fee will be met partly by the patient and partly by the Dental Services Division of the NHS. An NHS client will pay up to a maximum of 80% of the fee charges, depending on their circumstances. In addition, the dentist will be entitled to claim other reimbursements, depending on the level of his/her NHS work - for example, a certain proportion of the business rates paid by the practice or a proportion of the costs of practice improvements. Each month the dentist will raise the equivalent of an invoice for the Dental Services Division, who will pay, via a BACS transfer, monthly in arrears.
Consequently, when a winding-up order is made against a company being used as a vehicle for trading as a dentist there may be money due to the company. Therefore, the Official Receiver should, in addition to notifying the Primary Care Trust of the Area Health Authority (see paragraph 3.65), notify the Dental Services Division of the NHS, letting them know the name of the company, the date of the winding-up order and ask for a note of the amount owing as at that date and request that the money be held to the order of the liquidator. The contact address for the Dental Services Division is: NHSBSA Dental Services Division Compton Place Road Eastbourne East Sussex BN20 8AD Tel: 01323 433550 Fax: 01323 433517 See also Chapter 59, paragraphs 59.58 to 59.67.
(August 2008)
To act as a bookmaker a company must hold an operating licence and additionally individual representatives of the company may be issued with personal licences. An operating licence and where applicable, a personal licence, will lapse in the event of insolvency. The Gambling Commission issue and regulate these licences and should be notified of the making of a winding-up order, by sending notice to: The Gambling Commission, Victoria Square House, Victoria Square, Birmingham B2 4BP. Where the bookmakers operate from premises, a betting premises licence must also be held; the local council issues these licences. Betting premises licences will lapse in the event of insolvency and the official receiver should obtain the appropriate licences held by the insolvent. The local council should be notified of the making of the winding-up order; it may also be possible to recover a proportion of the licence fee from the local council upon surrender of the licence. Details of the appropriate local council can be obtained through the following link: http://www.direct.gov.uk/en/Dl1/Directories/Localcouncils/index.htm. Bookmakers can operate at a racetrack, in which case they are likely to hold a specific type of premises licence known as a betting premises (track) licence, such bookmakers are known as on-course bookmakers. In dealing with this type of bookmaker, the official receiver should notify the racetrack offices of the making of the winding-up order. HM Revenue and Customs should be informed when a winding-up order is made against a bookmaker, notice being sent to: HM Revenue & Customs, Greenock Accounting Centre (GAC), Custom House, Custom House Quay, Greenock PA15 1EQ. For further details relating to the insolvency of a bookmaker, see Chapter 59 -Unusual businesses and related assets, paragraphs 59.43 to 59.44.
3.68 Holiday pay scheme - Building & Civil Engineering Benefit (B&CE)
If the company traded in the building industry, it may have been a member of a B&CE scheme to provide holiday pay and retirement benefits for its employees. B&CE have requested that they be informed of a winding-up order when the official receiver is dealing with such building industry insolvencies.
There is also a free B&CE insolvency service which prepares holiday pay and occupational pension contribution schedules.
B&CE Benefit Schemes have requested that where the insolvent had employees who were members of their scheme and who have Employment Rights Act claims, form RP1 (see paragraph 3.43) should be amended at Question 29 before it is sent to an employee to state that holiday pay is being dealt with by B&CE.
The address of B&CE is:
Manor Royal
Crawley
West Sussex
RH10 2QP
Tel: 08457 414142
3.69 Holder of controlled waste – Environment Agency
If the company holds controlled waste or was formerly involved in dealing with such waste, whether or not a waste management permit was held, notice should be given to the relevant waste regulation authority (which is usually the local authority) and the Environment Agency.
See also Chapter 82 – Environmental legislation.
3.70 Deposit Indemnity Schemes – relevant operators
The operators of any Deposit Indemnity Scheme which may cover the company’s business. Such a scheme will usually guarantee the deposits of any customers of the company. An example would be The Glass and Glazing Federation (GGF) which operates a scheme to which a double glazing contractor may belong.
Full details of any such scheme should be obtained and a schedule of the names and addresses of any of the company’s customers who may have a claim under the scheme should be provided to the operators of the scheme as quickly as possible.
3.71 Holder of explosives/firearms – Health and Safety Executive, local authority and the police
In cases in which the insolvent company is the occupier of a licensed magazine (i.e., storage facility) or factory for explosives notice of the insolvency order must be sent to the Explosives Inspectorate:
Health and Safety Executive
1.2 Redgrave Court
Merton Road
Bootle
Merseyside
L20 7HS
Tel: (0151) 951 4025.
e-mail:
explosives.licensing@hse.gov.uk (enquiries regarding licensing)
cad.explosives@hse.gsi.gov.uk (enquiries regarding classification or transportation)
The storage of explosives in quantities of over two tonnes requires a licence from the Health and Safety Executive, whilst quantities of up to two tonnes which also requires an explosives certificate (that is, blasting explosives or black powder) require a licence from the local police force. The storage of explosives not requiring an explosives certificate in quantities of less than two tonnes is licenced by the local authority (usually the trading standards department), except for metropolitan counties where the licensing is carried out by the fire and rescue service.
Where explosives or firearms are discovered in the course of the official receiver’s enquiries, the local police must be notified to check that the firearms are correctly registered; neither should be touched or moved until after inspection by the police who will advise as to removal.
Police explosives liaison officers’ details are available on the following website (http://www.hse.gov.uk/explosives/elo.htm).
Further information relating to explosives is contained in Chapter 31.6 – Stock, work in progress, plant and machinery paragraphs 31.6.29 to 31.6.31 and firearms in paragraphs 31.6.32 to 31.6.36.
3.72 Company authorised under the Banking Act 1987 - Financial Services Authority (FSA)
Where the company or partnership is an authorised institution under the provisions of the Banking Act 1987, notice should be sent to:
The Financial Services Authority (FSA)
25 The North Colonnade
Canary Wharf
London
E14 5HS
Tel: (0207) 066 1000
Fax: (0207) 066 1099
Financial Services Compensation Scheme (FSCS)
7th Floor, Lloyds Chambers
Portsoken Street
London
E1 8BN
Tel: (0207) 892 7300
Fax: (0207) 892 7301
Further information available on the FSCS website www.fscs.org.uk
Whilst there is no obligation contained in the Insolvency Act 1986 to inform either body on the making of the order, the FSA must receive notice of the presentation of a petition against an authorised institution and both the FSA and the FSCS receive notice of the first meeting of creditors, for the purposes of continuity notification of the order should also be sent.
For further information relating to banks generally and the FSCS, see Chapter 59 – Unusual businesses and related assets paragraphs 59.5 and 59.6 and, also, Chapter 80 – Financial Services and Markets Act 2000.
3.73 Friendly societies and building societies – Financial Services Authourity (FSA)
Where the company is a friendly society, building society or an industrial or provident society notice should be sent to:
The Financial Services Authority (FSA)
25 The North Colonnade
Canary Wharf
London
E14 5HS
Tel: (0207) 066 1000
Fax (0207) 066 1099.
This notification should be sent to the Mutual Societies Registration Section of the FSA in place of the Registrar of Companies (see paragraph 3.18).
For further information relating to friendly societies see Chapter 59 – Unusual businesses and related assets paragraphs 59.14 to 59.18
See paragraph 3.74 for details of general notices to be sent in respect of building societies.
3.74 Building societies only – Financial Services Compensation Scheme (FSCS)
Where a building society is subject to winding up proceedings, the
Financial Services Compensation Scheme (FSCS)
7th Floor, Lloyds Chambers
Portsoken Street
London
E1 8BN
Tel: (0207) 892 7300
Fax: (0207) 892 7301
is entitled to receive all notices, etc. required to be sent to creditors, whether or not the Scheme is a creditor of the society at the date of the winding -up order.
For further information relating to building societies 59.8 to 59.13 and for industrial and provident societies 59.19 to 59.24.
3.75 Intellectual property – Patent Office
Notice should be sent to:
The Patent Office
Concept House
Cardiff Road
Newport
NP10 8QQ
Central Enquiry line tel: 08459 500505
If it appears likely that the company has an interest in any patent (if possible, the number and date of the patent or provisional patent should be quoted).
If the company has an interest in a registered design, notification should be sent to the Designs Registry at the Patent Office.
If the company has an interest in a trade mark, notification should be sent to the Trade Mark Registry at the Patent Office.
Further information relating in intellectual property is contained in Chapter 31.10 – Sundry assets paragraphs 31.10.49 to 31.10.128.
The Law Society
Legal Complaints Service
Victoria Court
8 Dormer Place
Leamington Spa
Warwickshire
CV32 5AE
Tel: (01926) 820082
Fax: (01926) 431435
should be notified where a winding-up order is made against a firm of solicitors.
See also Chapter 59 – Unsusual businesses and related assets, paragraph 59.87 to 59.94.
3.77 Milk producers – milk co-operatives
A dairy farmer may have a sole supply agreement with one of the dairy farmer’s co-operatives formed following cessation of the Milk Marque scheme, or with a commercial milk wholesaler.
The two co-operatives are:
Milk Link Limited
3130 Great Western Court
Hunts Ground Road
Stoke Gifford
BRISTOL
BS34 8HP
Tel: 0870 240 5341
First Milk Limited
Cirrus House
Glasgow Airport Business Park
Marchburn Drive
PAISLEY
PA3 2SJ
Tel: 0141 887 6111
The most commonly used milk wholesalers (to whom milk producers may sell milk directly) are:
Robert Wiseman Dairies
159 Glasgow Road
East Kilbride
GLASGOW
G74 4PA
Tel: 01355 244261
Dairy Crest Group
Claygate House
Littleworth Road
Esher
SURREY
KT10 9PN
Tel: 01372 472200
Arla Foods UK plc
Arla House
4 Savannah Way
Leeds Valley Park
LEEDS
LS10 1AB
Tel: 0113 382 7000
As there may be monies due to the farmer or contractual obligations relating to current milk stocks, the co-operative or the other wholesaler should be informed of the winding-up order.
See also Chapter 31.6, part 2, paragraph 31.6.41.
3.78 Farmers - Department of Environment, Food and Rural Affairs
Where the company is or has been concerned in farming or similar operations and may have been in receipt of a grant or subsidy from the Department of Environment, Food and Rural Affairs, contact should be made with the Department, Helpline number 08459 335577. Grants and subsidies are dealt with by the Rural Payments Agency at five regional offices throughout the country. The correct regional office can be traced using the Rural Payments Agency website http://www.rpa.gov.uk/ which gives details of the relevant addresses and phone numbers.
If the company has applied for a grant or subsidy or any other payment in respect of any scheme from the Department of Environment, Food and Rural Affairs which has not been received, the reference under which the application was made should be endorsed on the notice.
3.79 Holder of consumer credit licence - Office of Fair Trading
Notice should be sent to:
Office of Fair Trading
Consumer Credit Licensing
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX
Tel: 020 7211 8608
where the company is operating a business for which a licence is required by the Consumer Credit Act 1974. The company’s licence should be surrendered to the Consumer Credit Bureau.
3.80 Pension schemes
If the official receiver is dealing with a company or partnership which has operated an occupational pension scheme for the benefit of employees, he/she is required [note 17] to send notice of an 'insolvency event' (i.e. the making of the winding - up/ bankruptcy order) to:
(a) The Pension Protection Fund
Knollys House
17 Addiscombe Road
Croyden
Surrey
CR0 6SR
Tel: 0845 600 2541
www.pensionprotectionfund.org.uk/.../
email: information@ppf.gsi.gov.uk
Note: This notice should be sent within 14-days of the insolvency or, if later, within 14-days of becoming aware of the pension scheme.
(b) The Pensions Regulator
Napier House
Trafalgar Place
Brighton
BN1 4DW
Tel: 0870 6063636
Fax: 0870 2411144
www.thepensionsregulator.gov.uk/.../
(c) The pension scheme trustees or managers
The notice is referred to as a 'section 120 notice'.
Insolvency events in relation to companies and partnerships are detailed in sections 121(3) and (4) of the PA2004 respectively. The insolvency events which the official receiver is required to notify in addition to the making of a winding-up order are as follows;
The appointment of a provisional liquidator is not an insolvency event and notification will only be required if a winding - up order is made at the substantive hearing of the petition. Change of office - holder in the same procedure, such as the handing over of a case to an insolvency practitioner does not need to be notified.
The official receiver should use form 'section 120 notice' which can be accessed by following this link http://www.pensionprotectionfund.org.uk/DocumentLibrary/Documents/s120notice.pdf to the PPF's website. This is a suggested pro forma only and not a legally prescribed form.
See also Chapter 61 – Pension schemes
3.81 Investment businesses - regulatory bodies
The relevant regulatory body where the company is required, by statute, to be licensed to carry on an investment business (see annex b to Chapter 80 - Financial Services and Markets Act 2000).
3.82 Holders of plant breeders’ right - Society of Plant Breeders
Notice should be sent to:
The British Society of Plant Breeders Ltd
Woolpack Chambers
Market Square
Ely CB7 4ND
Tel: (01353) 653200
Fax: (01353) 661156
in cases involving corn and agricultural merchants or farmers licensed to deal in plant varieties (e.g. seed potatoes) where there may be a liability for royalties under the Plant Varieties and Seeds Act 1964, either as a provable claim or as an expense in the proceedings when seed, protected by a grant of Plant Breeders’ Rights, is realised.
Alternatively, the insolvent may own a plant breeder’s right which is a form of intellectual property and may be an asset.
See also Chapter 31.6 – Stock, work in progress, plant machinery paragraph 31.6.51 and Chapter 31.10.110 – Sundry Assets paragraph 31.10.39.
3.83 Holders of vehicle operators or public service operators licences - Vehicle licensing authority and Vehicle Inspectorate
Notice should be sent to the local traffic area office where the company holds a vehicle operator's licence and/or public service operating licences. The licences must be returned - see also Chapter 31.2 – Motor vehicles - paragraph 31.2.46. To obtain details of the nearest local traffic area office, contact the Vehicle and Operator Services Agency (VOSA) on 0870 6060440. Further contact details are available on VOSA's website at http://www.dft.gov.uk/vosa/contactus/vosalocationsandofficesofthetrafficcommissioners/vosalocationsandofficesofthetrafficcommissioners.htm
Where the company was authorised to conduct MOT tests, all accountable documents, including MOT test certificates and documents recording the results of tests conducted within the preceding 18 months, should be returned to the local traffic enforcement office. To obtain details of the nearest local traffic enforcement office, contact the Vehicle and Operator Services Agency (VOSA) on 0870 6060440. Further contact details are available on VOSA's website at http://www.dft.gov.uk/vosa/contactus/vosalocationsandofficesofthetrafficcommissioners/vosaenforcementoffices.htm VOSA's correspondence address is: Vehicle and Operator Services Agency Croydon Street BRISTOL BS5 0DA
Berkeley House
3.84 Provision of information for creditors in other EU states (added May 2009)
As soon as insolvency proceedings are opened in a member state, the court of that state having jurisdiction, or an office holder appointed by it is under a duty to inform known creditors who have their habitual residences, domiciles or registered offices in other member states by individual notice of the circumstances and rules under which they may lodge claims [note 18].
There are also rules regarding language requirements of the notice [note 19].
There is a form available on document production [note 20] that the official receiver should send to all creditors in other member states at the initial notices stage. Currently, the document production form does not contain the title in all the official languages of the EU (as required by the Regulation) so, before issuing, official receivers should replace the produced front sheet with the one attached to Chapter 41 as Annex I.
[Back to Part 2 – Initial action and initial enquiries following notification of a winding-up order]