An insolvency lawyer, or IP, is a registered specialist who may work on both corporate and private insolvency matters. An IP can collaborate with managers of limited companies in distress and advise on a number of structured insolvency procedures, including Creditors’ Voluntary Liquidation (CVL), Company Voluntary Agreement (CVA), and Company Administration.
They will also offer guidance on procedures like Individual Voluntary Agreements (IVAs) and Bankruptcy for people dealing with personal debt. Usually, IPs operate either in a law or accountancy practice’s insolvency section or alternatively in an insolvency professional company.
What job does a licensed insolvency practitioner perform?
The specific role and responsibilities of licensed insolvency practitioners differ dependent on the type of appointment. In shut-down liquidation proceedings, insolvency professionals serve as liquidators, nominees, and managers in CVAs, and as administrators for various aspects of corporate administration, particularly trading, and pre-pack administrators.
In turn, however, an IP can give advice and guidance to directors and partners of insolvent or otherwise financially troubled firms. They also often negotiate with creditors, prepare for asset assessment and disposition. These practitioners ensure that unresolved business matters are dealt with in compliance with the 1986 Insolvency Act.
In order to ensure cash is derived from the profitable company in the most cost-effective manner possible, IPs will also help with the closing of solvent businesses. This is achieved through a mechanism known as the Voluntary Liquidation of Members (MVL).
Who Appoints the Insolvency Practitioner?
A borrower, the courts, or the directors of a troubled business may recommend an insolvency professional. The person responsible for paying the related costs is the party who initiates a structured insolvency procedure. The director will be presented with a Winding Up Petition (WUP) if a disgruntled creditor launches insolvency proceedings against a company. This will trigger the process of pushing the company into compulsory liquidation.
However, in the majority of situations, it is the director himself who first consults an insolvency lawyer. This happens because the director chooses to be in charge of the procedure instead of getting it imposed on them. And if an IP is sponsored by a business director, it is understood that the director is genuinely operating in the best interests of unpaid creditors.
Qualifications of an Insolvency Practitioner
It must be noted that some insolvency professionals directly begin their career insolvency practise. However, in most cases, IPs belong to a legal or accounting background. Any person who wishes to work as an IP must pass a set of grueling Joint Insolvency Examination Board (JIEB) examinations. The examination consists of two separate papers, one on personal insolvency issues, and the other on corporate insolvency, all of which must be passed.
Make sure that you hire only a qualified Insolvency Practitioner. Even a slightly incompetent practitioner can lead to enormous financial trouble for your company. Organizations such as Company Insolvency Services can be the best choice for you if you are willing to get your company’s legal aspects sorted.
