Dealing with Employee Claims

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Dealing with Employee Claims"

Transcription

1 STATEMENT OF INSOLVENCY PRACTICE S15B Dealing with Employee Claims Contents Paragraphs Introduction 1 4 Statutory Entitlements 5 6 Redundancy Payments Acts 1967 to Protection of Employees (Employers Insolvency) Act 1984 to Applications under the Insolvency Payments Scheme Dealing with the Employment Appeals Tribunal Additional Employee Claims Advances to Employees 38 Social Welfare Status 39 Foreign Employees Based outside the Republic of Ireland 40 Effective Date 41 Appendices 1. Employee Preferential Statutory Entitlements. 2. Summary of Legislative Provisions Governing Employee Statutory Entitlements. 3. Employee Questionnaire. 4. Accountants Report Form T1A.

2 Dealing with Employee Claims S15B INTRODUCTION 1. This Statement of Insolvency Practice is one of a series issued by the Association of Chartered Certified Accountants to insolvency practitioners with a view to maintaining standards by setting out required practice and harmonising members approach to particular aspects of insolvency practice. 2. The purpose of Statements of Insolvency Practice is to set out basic principles and essential procedures with which insolvency practitioners are required to comply. Departure from the standards set out in the Statements of Insolvency Practice is a matter that may be considered by the Association for the purposes of possible disciplinary or regulatory action. 3. Insolvent companies for the purposes of this Statement are companies in liquidation or receivership. In the case of a company in examination statutory protection is restricted to entitlements under the Redundancy Payments Acts. 4. This Statement summarises the required practice to be adopted by the insolvency practitioner when dealing with claims from employees of insolvent companies. Its purpose is to: ensure members are familiar with the statutory provisions. provide guidance on dealing with the Department of Enterprise, Trade and Employment. provide guidance on dealing with the Employment Appeals Tribunal. consider practical issues arising from particular detailed aspects of employee claims. STATUTORY ENTITLEMENTS 5. Employees of insolvent companies are entitled to submit claims, subject to specified statutory limits and meeting the defined criteria, for: redundancy payments arrears of wages and salaries arrears of holiday pay payments in lieu of notice unfair dismissal awards arrears of sick pay arrears of superannuation contributions workmen s compensation / compensation for accidents. 6. Details of the relevant criteria and limitations together with the appropriate statutory references are set out in Appendix 1.

3 REDUNDANCY PAYMENTS ACTS 1967 TO The Redundancy Payments Acts 1967 to 2003 impose a statutory obligation on employers to pay compensation to employees dismissed for reasons of redundancy. This arises where an employee s job ceases to exist and he or she is not replaced for such reasons as the financial position of the firm, because there is not enough work, the firm closes down altogether, or because of reorganisation. 8. Before making an application for payment the employee contract needs to be terminated with the insolvent employer and a redundancy certificate (Form RP1) and Form P45 issued to the employee. It is advisable that all employees are circulated with a questionnaire in order to determine the rights and entitlements of each employee under the various statutory provisions. An example questionnaire is reproduced in Appendix An employee is entitled to redundancy under the Redundancy Payments Acts and should be invited to complete Form RP2. The insolvency practitioner may be required to sign the form, which is a declaration on behalf of the insolvent employer, if the form has not been completed by the employer. The insolvency practitioner, when making such declarations, compares the data therein with the information contained in the books and records of the insolvent company. 10. Applications for payments under the Redundancy Payments Acts are made by employees on Form RP14 and accompanied by the completed redundancy certificate RP2 and copy of Form RP Payments made under the Redundancy Payments Acts are made directly to the employee. The insolvency practitioner will receive notification of payments made accompanied by a claim against the company in respect of 40% of the payments made by the Department of Enterprise, Trade and Employment, as a preferential creditor. PROTECTION OF EMPLOYEES (EMPLOYERS INSOLVENCY) ACTS 1984 TO This Act affords protection to certain outstanding entitlements of employees in the event of their employer becoming insolvent. Where the employer is a company, within the meaning of Section 2, Companies Act 1963, the date on which it is regarded as having become insolvent is: (a) Where either a receiver is appointed on behalf of a holder of any debentures secured by a floating charge, or possession is taken by or on behalf of such a debenture holder of any property of the company comprised in or subject to the charge, the relevant date will be the date of the appointment of the receiver or of possession being taken as aforesaid; or

4 (b) In any other case the relevant date is as determined by Section 285, Companies Act Where an employer is insolvent, the employees may make a claim for the payments due to them from the Social Insurance Fund. These payments include: arrears of wages, holiday pay, or sick pay; statutory minimum notice entitlement; payment contributions under occupational pension schemes; awards of compensation under the Unfair Dismissals Acts 1977 to 1993, or under the employment equality legislation (including equal pay); any amount an employer is required to pay by virtue of an employment regulation order made under the Industrial Relations Act Appendix 2 sets out the main statutory provisions under which employees are entitled to claim under current legislation. APPLICATIONS UNDER THE INSOLVENCY PAYMENTS SCHEME 15. The Insolvency Payments Section of the Department of Enterprise, Trade and Employment is the statutory body which deals with payments from the Social Insurance Fund under the Protection of Employees (Employers Insolvency) Acts. Payments are on the basis of applications made by employees of insolvent companies, either directly or by insolvency practitioners submitting a claim in the appropriate format on the employees behalf. 16. Employees should be invited to complete Form EIP1 in respect of wages holiday pay minimum notice entitlement sick pay Form EIP 4 is completed in respect of all other entitlements. 17. Insolvency practitioners in receipt of completed Forms EIP1 and EIP4 are required to complete Form EIP3, which summarises all employee claims under the various headings. 18. The Department requires a copy Notice of Appointment from the receiver/liquidator where a claim is being submitted to the Social Insurance Fund. 19. The insolvency practitioner, referred to as the relevant officer, is required to make a declaration to the Minister of Enterprise, Trade and Employment in the prescribed format, that he or she has accepted the entitlements of the employees on the basis of information made available to him or her. The declaration also incorporates consent for

5 enquiries to be made of other government departments in order to verify the employee s claim. The insolvency practitioner is also required to formally declare that the company is insolvent and that there are no funds available to enable entitlements to be paid by the insolvent company. 20. Payments made in respect of claims submitted on Form EIP3 will be made payable to the insolvency practitioner, who is in effect a trustee. When distributing payments to the relevant employees the insolvency practitioner must apply emergency tax and employee s PRSI to all payments made other than payments made on foot of awards determined by the Employment Appeals Tribunal, which are generally paid without deduction of tax. 21. Where tax and PRSI is being deducted from payments made the insolvency practitioner should include a Supplementary P45 with each payment. The tax and PRSI deducted should be remitted to the Liquidation Section, Office of the Collector General. 22. Payments made by the Insolvency Payments Section become subrogated preferential claims against the relevant company in liquidation. DEALING WITH THE EMPLOYMENT APPEALS TRIBUNAL 23. The Employment Appeals Tribunal was established under Section 39, Redundancy Payments Act The Tribunal consists of a chairman, 22 vice-chairmen with legal qualifications, together with a panel of 60 ordinary members, 30 nominated by the Irish Congress of Trade Unions and 30 by the Irish Business and Employers Conference. 24. Claims and appeals are heard in public, unless the Tribunal at its discretion decides that the hearing should be held in private. The Department of Enterprise, Trade and Employment gives administrative support to the Tribunal. 25. Employees of an insolvent company are entitled to make an application to the Employment Appeals Tribunal under various statutory provisions, as set out in Appendix 2. In an insolvent situation applications are more typically in respect of claims made under the Minimum Notice and Terms of Employment Acts 1973 to 2001, where the amount of the claim is in dispute. 26. Employees referring a claim to the Employment Appeals Tribunal are asked to complete Form T1-A. The insolvency practitioner forwards the completed forms T1-A to the Employment Appeals Tribunal. The effect of submitting the completed forms is to call a Tribunal. 27. Employees of an insolvent company can make an application directly to the Insolvency Payments Section and, in so doing, choose not to make an application to the Employment Appeals Tribunal. The Insolvency Payments Section is empowered since 6

6 April 2004 to make payments on such direct applications where the facts are not in dispute. 28. Before the Tribunal can decide on any facts put forward under the Acts it must establish that the facts, as set out on the relevant form T1-A, are correct. A standard form of accountants report has been prepared and agreed between the Consultative Committee of Accountancy Bodies-Ireland ( CCAB-I ) and the Tribunal for completion by the insolvency practitioner in respect of the claim, where the facts are not in dispute. An example of this report is contained in Appendix 4. In respect of claims where the facts are in dispute the insolvency practitioner should indicate the matters of fact which are not agreed. 29. The Tribunal will furnish the insolvency practitioner with the statutory notice (Form T2) for every claim. It is essential that these forms are completed, where possible, by the insolvency practitioner within the statutory time period. In circumstances where the claim/s made by the relevant employees are in dispute, Form T2 gives the insolvency practitioner the opportunity to indicate if he or she or a representative will appear at the Tribunal. 30. When an award is made by the Tribunal the insolvency practitioner will be provided with a copy of the decision of the Tribunal and will be given an opportunity to appeal against the decision. 31. Following the making of the award the insolvency practitioner can make an application to the Insolvency Payments Section of the Department of Enterprise, Trade and Employment on Form EIP Payment of awards granted by the Employment Appeals Tribunal are generally paid without deduction of tax. ADDITIONAL EMPLOYEE CLAIMS 33. Payments made by the Insolvency Payments Section are subject to a statutory ceiling which is currently per week (April 2003) in respect of each separate statutory entitlement claim. 34. In many cases employees will have claims in respect of additional amounts due which are in excess of the statutory ceiling. Some claims will continue to have preferential status while others will be dealt with as unsecured claims against the company. 35. Where any such additional claim is preferential it can only be paid to employees once the insolvency practitioner has repaid in full amounts paid by the Insolvency Payments Section. 36. The status of employee preferential entitlements is set out in Appendix 1.

7 37. Claims by an employee for compensation in lieu of notice, which is in excess of the statutory minimum entitlement, are unsecured claims against the company. ADVANCES TO EMPLOYEES 38. There are no circumstances in which advances to employees made by the insolvency practitioner can be deducted from payments due to the employees received from the Insolvency Payments Section. Funds received from the Insolvency Payments Section should be disbursed to the employees and/or the Collector General, as appropriate, without deduction. Advances, loans, etc., to employees from insolvency practitioners are not accepted by the Department as forming part of the employees preferential entitlements under the Acts. SOCIAL WELFARE STATUS 39. Where there is a doubt as to an individual s social insurance status as an employee his/her eligibility may be determined by whether and at what rate PRSI contributions were paid in respect of the individual. In many instances the Insolvency Payments Section will refer the matter to the Scope Section of the Department of Social, Community and Family Affairs. An inspector will consider the facts of each case before making a decision. The insolvency practitioner may be invited to complete a questionnaire by the inspector. There is an appeal procedure available to employees who are dissatisfied with a decision by an inspector. FOREIGN EMPLOYEES BASED OUTSIDE THE REPUBLIC OF IRELAND 40. As has been determined by the Court of Justice of the European Communities, notably in the Bell Lines case, in circumstances where there are foreign-based employees of a company registered in another member state, the statutory body responsible for paying the statutory redundancy and related entitlements of those employees is determined as the authority to which tax and social welfare deducted from the employees has been paid over. EFFECTIVE DATE 41. This Statement is effective from 1 May 2005.

8 APPENDIX 1 Employee Preferential Statutory Entitlements Title Description Basis EMPLOYEES 1. Wages and Salaries Wages and salaries (including commission and piece work) for services rendered by any clerk, servant, workman or labourer, including remuneration in respect of periods of absence from work through good cause, in the four months before the relevant date, subject to a maximum of 3,174 per individual (April 2003). This includes lump sums due to farm labourers. S.285 (2)(b) & (c) & (4) CA 1963 S.10 (b) & (d) CAA 1982 Directors' fees per se are not preferential and care should be taken before admitting other amounts due to Directors or the Company Secretary. Items such as VHI, union, or savings deductions can be preferential in so far as they fall within the general limit of 3,174 per employee (April 2003). 2. Holiday pay All accrued holiday pay no money or time limit. 3. Pay in lieu of notice Legal advice should be obtained where holidays are outstanding for periods prior to the current holiday year as defined in the company's condition of employment. The position of Directors or the Company Secretary should again be considered. Any compensation awarded by the Employment Appeals Tribunal following a submission on behalf of the employee on Form T 1A. 4. Redundancy Statutory redundancy lump sums (less 60% rebate from Department of Enterprise, Trade and Employment). 5. Unfair dismissal Compensation awarded by Employment Appeals Tribunal under Unfair Dismissals Act, 1977, following application by employee. 6. Sick pay Sums due to an employee pursuant to any sick pay scheme. 7. Superannuation contributions 8. Workmen's Compensation Company contributions and contributions deducted from employees in respect of any superannuation scheme. (This matter is complex and great care should be exercised before admitting claims) Compensation under the Workmen's Compensation Acts, 1934 to 1955, to the extent that it is not covered S.285 (2)(d) CA 1963 HEA 1973 S.13(1) MNTEA 1973 S.14 RPA 1979 S.14(5) RPA 1971 S.12 UDA1977 S.10(a) CAA 1982 S.10(a) CAA 1982 S.285 (2)(f) and (5) CA

9 by insurance (including lump sums equivalent of weekly payments). 9. Compensation Damages and costs due to an employee for accident as a result of an accident to the extent that it is not covered by insurance. 10. Subrogated claims a) Subject to limitations, money advanced to pay wages, salaries, holiday pay, sick pay or 1982 superannuation contributions by a bank or third party. b) Payments from the Employers' Insolvency Fund in respect of claims which would rank as preferential. The Fund is entitled to be repaid in priority to any other unsatisfied claim of the employee. Abbreviations of Legislation 1. CA 1963 Companies Act, CAA 1982 Companies (Amendment) Act, HEA 1975 Holidays (Employees) Act, MNTEA 1973 Minimum Notice and Terms of Employment Act, PEEIA 1984 Protection of Employees (Employers 'Insolvency) Act, RPA 1967 Redundancy Payments Act, RPA 1971 Redundancy Payments Act, RPA 1979 Redundancy Payments Act, UDA 1977 Unfair Dismissals Act, S.285 (2)(g) CA 1963 S.285 CA 1963 S.10(c) CAA PEEIA 1984

10 APPENDIX 2 Summary of Legislative Provisions governing Employee Statutory Entitlements The Department of Enterprise, Trade & Employment has issued booklets commenting on the more significant provisions of many of these Acts. Redundancy Payments Acts 1967 to An employee with 104 weeks continuous service whose employment is terminated because of redundancy is entitled to a redundancy lump sum payment. A redundancy situation arises where an employee s job no longer exists and he/she is not replaced. 2. When an employee is entitled to a statutory redundancy payment and has taken all reasonable steps (excluding legal proceedings) to obtain the payment, but the employer refuses or fails to pay, he or she may apply to the Department of Enterprise, Trade and Employment for payment. 3. Disputes regarding entitlements under the Acts may be referred to the Employment Appeals Tribunal. Minimum Notice and Terms of Employment Acts 1973 to An employee with continuous service with the same employer for at least 13 weeks is entitled to a minimum period of notice of termination of employment. The minimum notice required ranges from one week after 13 weeks continuous service up to eight weeks for 15 years service or more. The employee can be given notice to work out, or be paid in lieu, or given a combination of both. Unfair Dismissals Acts 1977 to Employees generally with at least one year s continuous service can, if they feel they have been unfairly dismissed, have their case heard by either a Rights Commissioner or by the Tribunal. Where the claim is determined by a Rights Commissioner, that decision may be appealed by either party to the Tribunal. 6. There are a number of exceptions to the general requirement for one year s continuous service: (a) dismissal on the grounds of proposed membership/membership of a trade union or trade union activity. (b) dismissal on grounds of pregnancy.

11 (c) a Rights Commissioner or the Employment Appeals Tribunal may consider whether the employment of a person on a series of two or more contracts of employment, between which there was no more than 26 weeks of a break, was for the purpose of avoidance of liability by the employer under the Acts. Where it is so found, the length of the various contracts may be added together to assess the length of service of an employee for eligibility under the Acts. (d) dismissal on the grounds of the exercise or proposed exercise by an employee of the right to protective leave or natal care absence under the Maternity Protection Act (e) dismissal on the grounds of the exercise, or the contemplated exercise, of the rights to adoptive leave or additional adoptive leave by the employee under the Adoptive Leave Act (f) dismissal on the grounds of the exercise, or the contemplated exercise, of rights under the Carer s Leave Act Persons engaged through employment agencies are covered by the scope of the legislation. For the purposes of the Unfair Dismissal Acts, the party hiring the individual from the employment agency is deemed to be the employer. For other legislation, it is generally the person liable to pay the wages, whether employment agency or client company. Protection of Employees (Employers Insolvency) Acts 1984 to This Act affords protection to certain outstanding entitlements relating to the pay of employees in the event of their employers becoming insolvent. For the purposes of this Act the date on which an employer is regarded as having become insolvent is: (a) where the employer has been adjudicated bankrupt, the date of such adjudication. (b) where the employer petitioned for arrangement, the date on which the petition is filed. (c) where the employer executed a deed of arrangement referred to in Section I (3)(a) of the 1984 Act, the date of such execution. (d) where the employer has died, the date of his death. (e) where the employer is a company within the meaning of Section 2 of the Companies Act 1963: (i) where either a receiver is appointed on behalf of a holder of any debenture secured by a floating charge, or possession is taken by or on behalf of such a debenture holder of any property of the company comprised in or subject to the charge, the relevant date will be the date of the appointment of the receiver or possession being taken as aforesaid, or (ii) in any other case the relevant date within the meaning of Section 285, Companies Ac, 1963.

12 9. Where an employer is insolvent, employees may make a claim in respect of the payments due to them from the Social Insurance Fund. These payments include arrears of wages, holiday pay, minimum notice, sick pay, payment of contributions under occupational pension schemes, awards of compensation under the Unfair Dismissals Acts or under the employment equality legislation (including equal pay), and any amount an employer is required to pay by virtue of an Employment Regulation Order made under the Industrial Relations Act An employee may refer a dispute to the Tribunal regarding the Minister s decision in relation to arrears of wages, holiday pay, minimum notice, sick pay, or unpaid contributions to occupational pension schemes. The Minister may refer any matter to the Tribunal for decision. 11. The Department claim is preferential, regarding amounts paid from the Social Insurance Fund, in respect of wages due to the employee from the employer in respect of the period prior to the appointment of the receiver/liquidator. The Department shall rank ahead of the employee to the extent of the monies paid out from the Social Insurance Fund and must be reimbursed in full before any further preferential payments are made to that employee. 12. The High Court decided that where employers deducted union dues, private health scheme contributions, saving scheme deductions, etc., and such sums were not paid over for their designated purpose, such deductions would be regarded as normal weekly remuneration and covered under this Act. The Minister shall rank as a preferential creditor for such amounts as paid over from the Social Insurance Fund in respect of these deductions. 13. An employee may also submit a claim in respect of outstanding contributions to occupational pension schemes which an employer deducted from wages, but had not paid over to the scheme, at the date of insolvency. Unpaid contributions to an occupational pension scheme on an employer s own account may also be claimed subject to certain limits. Claims may be submitted in respect of outstanding pension contributions for up to a year prior to the date of insolvency of the employer. Where employer s contributions are claimed, an actuarial certificate is required. 14. Where a receiver/liquidator is appointed to a company which is itself a trustee of a pension scheme, the insolvency practitioner should seek appropriate independent actuarial advice prior to making any decisions pertaining to the scheme in conjunction with the other scheme trustees. Social Welfare Acts 15. Employees PRSI contributions deducted but not paid over rank as Super Preferential in determining distributions in accordance with Section 7, Social Welfare (No. 2) Act 1976.

13 Payment of Wages Act Under this Act an employee may refer complaints to a Rights Commissioner (and he/she can subsequently appeal to the Tribunal) in relation to, for example, an unlawful deduction from wages (or requiring an unlawful payment) including non-payment of wages. Terms of Employment (Information) Act An employee may appeal the recommendation of a Rights Commissioner to the Tribunal in relation to a complaint concerning the requisite statement of the terms of employment. Maternity Protection Act Where a female employee is in employment of a type defined in Part I of the First Schedule of the Social Welfare (Consolidation) Act, 1981, she is entitled to a minimum maternity leave of 18 weeks + 8 weeks of additional maternity leave (increased from March 2001). Following maternity leave, provided she gives her employer at least four weeks written notice of the date on which she expects to return to work, the employee is entitled to return to her old job with her employer (or with the new employer if the business has changed hands), or to suitable alternative employment if it is not practical to return to the old job. 19. Disputes concerning entitlement, except those relating to health and safety matters, may be referred to a Rights Commissioners and on appeal to the Employment Appeals Tribunal. If the dispute relates to the dismissal of an employee, it is dealt with under the Unfair Dismissals Acts 1977 to Adoptive Leave Act An employee may appeal the decision made by a Rights Commissioner under this Act to the Tribunal. Parental Leave Act An employee may appeal to the Tribunal from a decision made by a Rights Commissioner under this Act. Protection of Young Persons (Employment) Act The parent or guardian of a child or young person may appeal the decision of a Rights Commissioner that an employer had not contravened Section 13 (preservation of

14 existing rates of pay and conditions) or Section 17 (refusal to co-operate with the employer in breaching the Act). Such appeal may be made to the Tribunal. Organisation of Working Time Act 1997 (Holidays and Public Holidays) 23. Employees may refer holiday and public holiday entitlements to a Rights Commissioner and Labour Court on appeal (or Employment Appeals Tribunal if they have another case there at the same time). European Communities (Protection of Employees) Regulations Employees may refer complaints to a Rights Commissioner regarding noncompliance by the employer with the information and consultation provisions of the Protection of Employment Act 1997 (Sections 9 or 10) regarding the collective redundancies. European Communities (Safeguarding of Employees Rights on Transfer of Undertakings) Regulations 1980 and Employees may refer complaints to a Rights Commissioner regarding noncompliance by the old employer with the information and consultation provisions of those Regulations in a transfer of undertaking situation. Protection of Employees (Part-time Work) Act This Act, which repealed and replaced the Worker Protection (Regular Part Time Employees) Act 1991, removed the 8 hours threshold for part-time employees, to have access to some pieces of employment legislation. The legislation provides that part-time workers may not be treated less favourably than full-time workers.

15 APPENDIX 3 Employee Questionnaire Name and Address: Date of birth: Contact telephone numbers: Home: Work: Mobile: PPS number: Social insurance class: Brief job description: Date of commencement: Date of cessation: Did you receive a P45? Yes: No: (Please attach a photocopy) Are you now, or have you ever been, a director or shareholder? Yes: No: If yes, please provide details: Are you currently employed? Yes: No: If yes, please provide the following information: 1. Date of commencement 2. Current weekly gross pay If you are claiming arrears of wages or holiday pay please provide the following information:

16 1. Basic weekly gross pay 2. Details of any bonus arrangements 3. Annual holiday entitlements in days. 4. Number of days due If you are claiming redundancy and you have been employed by a connected business prior to commencement with this company you may be entitled to additional years of service. Please provide full details. Please sign: Date:

17 APPENDIX 4 Accountants Report The attached Forms T1A, which I have initialed for the purposes of identification only, are in accordance with the books and records of the company to which I have had access and the information contained in those forms is consistent with the information and explanations provided by those members of management with whom I have had discussion. A N Other Receiver/Liquidator XYZ Ltd (In Receivership / In Liquidation)

Remuneration of Insolvency Officeholders Republic of Ireland

Remuneration of Insolvency Officeholders Republic of Ireland STATEMENT OF INSOLVENCY PRACTICE S9B Remuneration of Insolvency Officeholders Republic of Ireland Contents Paragraphs Introduction 1 6 Overview of Statutory Requirements 7 Members Voluntary Liquidations

More information

Recommendations on the treatment of employee wages and other debts arising in the employment relationship in the context of debt settlement

Recommendations on the treatment of employee wages and other debts arising in the employment relationship in the context of debt settlement Recommendations on the treatment of employee wages and other debts arising in the employment relationship in the context of debt settlement arrangements under the Personal Insolvency Bill 2012 November

More information

IBRC customers who have queries can contact the helpdesk at 1800 303632 between 9am to 5pm

IBRC customers who have queries can contact the helpdesk at 1800 303632 between 9am to 5pm Q&A IBRC liquidation 6 Feb 2013 Note: This Q& A document is provided solely for information purposes. It does not constitute (and shall not be construed as constituting) legal advice. It is also not a

More information

INSOLVENCY GUIDANCE NOTE STATEMENT OF INSOLVENCY PRACTICE 9 (NI): REMUNERATION OF INSOLVENCY OFFICE HOLDERS NORTHERN IRELAND

INSOLVENCY GUIDANCE NOTE STATEMENT OF INSOLVENCY PRACTICE 9 (NI): REMUNERATION OF INSOLVENCY OFFICE HOLDERS NORTHERN IRELAND INSOLVENCY GUIDANCE NOTE STATEMENT OF INSOLVENCY PRACTICE 9 (NI): REMUNERATION OF INSOLVENCY OFFICE HOLDERS NORTHERN IRELAND Contents Paragraph s Introduction 1-8 The Statutory provisions 9 Administration

More information

ORGANISATION OF WORKING TIME ACT, 1997. Explanatory Booklet on Holidays and Public Holidays for Employers and Employees. Web: www.entemp.

ORGANISATION OF WORKING TIME ACT, 1997. Explanatory Booklet on Holidays and Public Holidays for Employers and Employees. Web: www.entemp. ORGANISATION OF WORKING TIME ACT, 1997 Explanatory Booklet on Holidays and Public Holidays for Employers and Employees Web: www.entemp.ie Issued by Department of Enterprise, Trade and Employment 21955

More information

Number 27 of 2007 PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS) ACT 2007 ARRANGEMENT OF SECTIONS PART 1

Number 27 of 2007 PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS) ACT 2007 ARRANGEMENT OF SECTIONS PART 1 Number 27 of 2007 PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS) ACT 2007 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title, construction

More information

STATEMENT OF INSOLVENCY PRACTICE 9 (SCOTLAND) REMUNERATION OF INSOLVENCY OFFICE HOLDERS

STATEMENT OF INSOLVENCY PRACTICE 9 (SCOTLAND) REMUNERATION OF INSOLVENCY OFFICE HOLDERS STATEMENT OF INSOLVENCY PRACTICE 9 (SCOTLAND) REMUNERATION OF INSOLVENCY OFFICE HOLDERS 1 INTRODUCTION 1.1 This Statement of Insolvency Practice (SIP) is one of a series issued to licensed insolvency practitioners

More information

Creditors voluntary liquidation

Creditors voluntary liquidation Creditors voluntary liquidation a guide for unsecured creditors Association of Business Recovery Professionals Creditors voluntary liquidation occurs where the shareholders, usually at the directors request,

More information

Guide to Profit Sharing Schemes

Guide to Profit Sharing Schemes Guide to Profit Sharing Schemes PROFIT SHARING SCHEMES This booklet describes the provisions of Chapter 1 of Part 17, Taxes Consolidation Act, 1997 and Schedule 11 of that Act, incorporating all amendments

More information

[05.05.19] Payments on Termination of an Office or Employment or a Change in its Functions

[05.05.19] Payments on Termination of an Office or Employment or a Change in its Functions [05.05.19] Payments on Termination of an Office or Employment or a Change in its Functions Contents Sections 123 and 201, and Schedule 3 of the Taxes Consolidation Act, 1997 Updated April 2014 1. Introduction...3

More information

Employees Rights on Insolvency of Company

Employees Rights on Insolvency of Company BRIEFING PAPER Number 00651, 31 December 2014 Employees Rights on Insolvency of Company By Doug Pyper and Lorraine Conway Inside: 1. Employment Rights 2. Payments covered by the State 3. Tax on redundancy

More information

APPENDIX B A CREDITORS GUIDE TO ADMINISTRATORS REMUNERATION SCOTLAND

APPENDIX B A CREDITORS GUIDE TO ADMINISTRATORS REMUNERATION SCOTLAND APPENDIX B A CREDITORS GUIDE TO ADMINISTRATORS REMUNERATION SCOTLAND This guide applies to all appointments on or after 6 April 2006. Any creditor requiring guidance on a case where the Insolvency Practitioner

More information

Unfair Dismissals Acts, 1977 to 2005

Unfair Dismissals Acts, 1977 to 2005 Unfair Dismissals Acts, 1977 to 2005 Explanatory Booklet This book is intended to give a general guidance to employers and employees about the Unfair Dismissals Acts, 1977 to 2005. It is not a complete

More information

INTERIM STATEMENT OF INSOLVENCY PRACTICE 9 REMUNERATION OF INSOLVENCY OFFICE HOLDERS (ENGLAND AND WALES)

INTERIM STATEMENT OF INSOLVENCY PRACTICE 9 REMUNERATION OF INSOLVENCY OFFICE HOLDERS (ENGLAND AND WALES) INTERIM STATEMENT OF INSOLVENCY PRACTICE 9 REMUNERATION OF INSOLVENCY OFFICE HOLDERS (ENGLAND AND WALES) You will be aware that substantial amendments are being made to the Insolvency Rules 1986, with

More information

Number 5 of 1994 TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 REVISED. Updated to 1 October 2015

Number 5 of 1994 TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 REVISED. Updated to 1 October 2015 Number 5 of 1994 TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 REVISED Updated to 1 October 2015 This Revised Act is an administrative consolidation of the. It is prepared by the Law Reform Commission in

More information

Guide to Employment Rights Infor. Guide to Employment Rights. National Employment Rights Authority (NERA

Guide to Employment Rights Infor. Guide to Employment Rights. National Employment Rights Authority (NERA Guide to Employment Rights Infor Guide to Employment Rights National Employment Rights Authority (NERA About NERA NERA s mission is to achieve a national culture of employment rights compliance. Information

More information

Click here for Explanatory Memorandum

Click here for Explanatory Memorandum Click here for Explanatory Memorandum AN BILLE UM ÍOCAÍOCHTAÍ IOMARCAÍOCHTA 2003 REDUNDANCY PAYMENTS BILL 2003 Mar a tionscnaíodh As initiated ARRANGEMENT OF SECTIONS Section 1. Short title, commencement,

More information

GUIDE TO EMPLOYMENT LEGISLATION

GUIDE TO EMPLOYMENT LEGISLATION GUIDE TO EMPLOYMENT LEGISLATION This booklet has been prepared by the Employment and Equality Law Committee as a general reference guide for practitioners. It is a summary of relevant legislative provisions

More information

Compulsory liquidation. a guide for unsecured creditors. Association of Business Recovery Professionals

Compulsory liquidation. a guide for unsecured creditors. Association of Business Recovery Professionals Compulsory a guide for unsecured creditors Association of Business Recovery Professionals Compulsory occurs when a company is wound up by an order of the court. A licensed insolvency practitioner has given

More information

Guidelines for Employees, Employers and Practitioners appearing before the Employment Appeals Tribunal

Guidelines for Employees, Employers and Practitioners appearing before the Employment Appeals Tribunal Guidelines for Employees, Employers and Practitioners appearing before the Employment Appeals Tribunal This is a guideline only and, as such, does not purport to give a full and comprehensive description

More information

NOTE - This document is provided for guidance only and does not purport to be a legal interpretation. PERSONAL INSOLVENCY ACT 2012

NOTE - This document is provided for guidance only and does not purport to be a legal interpretation. PERSONAL INSOLVENCY ACT 2012 Background to and purpose of the Act PERSONAL INSOLVENCY ACT 2012 EXPLANATORY MEMORANDUM The Act provides for the reform of personal insolvency law and will introduce the following new non-judicial debt

More information

Employment Law in Bermuda

Employment Law in Bermuda Employment Law in Bermuda Foreword This memorandum has been prepared for the assistance of those who are considering issues pertaining to employment law in Bermuda. It deals in broad terms with the requirements

More information

LOCAL GOVERNMENT SUPERANNUATION SCHEME

LOCAL GOVERNMENT SUPERANNUATION SCHEME LOCAL GOVERNMENT SUPERANNUATION SCHEME SUPERANNUATION SCHEMES (REPRODUCED WITH THE KIND PERMISSION OF THE SUPERANNUATION SECTION, DEPT. OF THE ENVIRONMENT AND LOCAL GOVERNMENT) 1 The pensions legislation

More information

Employment Rights Information for Employers www.sigmar.ie

Employment Rights Information for Employers www.sigmar.ie recruitment Employment Rights Information for Employers www.sigmar.ie Introduction Contents Summary of Employers Obligations...2 Written Terms and Conditions...3 Notice...4 Pay and Wages...5 Working Time

More information

Trustees and Liquidators in Bankruptcies and Compulsory Liquidations

Trustees and Liquidators in Bankruptcies and Compulsory Liquidations Trustees and Liquidators in Bankruptcies and Compulsory Liquidations Information on the appointment, functions, powers and payment of trustees and liquidators, and their complaints procedure. Contents

More information

Number 47 of 2013 PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND APPOINTMENTS) (AMENDMENT) ACT 2013 ARRANGEMENT OF SECTIONS

Number 47 of 2013 PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND APPOINTMENTS) (AMENDMENT) ACT 2013 ARRANGEMENT OF SECTIONS Number 47 of 2013 PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND APPOINTMENTS) (AMENDMENT) ACT 2013 Section 1. Definition. ARRANGEMENT OF SECTIONS 2. Amendment of section 2 of Principal Act. 3. Amendment of

More information

Department of Social Protection www.welfare.ie. Guide to the Redundancy Payments Scheme

Department of Social Protection www.welfare.ie. Guide to the Redundancy Payments Scheme Department of Social Protection www.welfare.ie Guide to the Redundancy Payments Scheme REDUNDANCY PAYMENTS ACTS 1967 TO 2007 Guide to the Redundancy Payments Scheme Department of Social Protection Issued

More information

OFFICEHOLDERS PREPARATION OF INSOLVENCY RECEIPTS AND PAYMENTS ACCOUNTS REPUBLIC OF IRELAND. Contents. Introduction 1 4. Scope 5 6.

OFFICEHOLDERS PREPARATION OF INSOLVENCY RECEIPTS AND PAYMENTS ACCOUNTS REPUBLIC OF IRELAND. Contents. Introduction 1 4. Scope 5 6. STATEMENT OF INSOLVENCY PRACTICE S 7B OFFICEHOLDERS PREPARATION OF INSOLVENCY RECEIPTS AND PAYMENTS ACCOUNTS REPUBLIC OF IRELAND Contents Paragraphs Introduction 1 4 Scope 5 6 Principles 7 Compliance Standards

More information

Chapter one: Definitions. Chapter Two: Conditions for Employment

Chapter one: Definitions. Chapter Two: Conditions for Employment FOREIIGN WORKERS ((Prrohiibiittiion off unllawffull emplloymentt and assurrance off ffaiirr condiittiions)) LAW,, 5751--1991 Chapter one: Definitions 1. In this law - Foreign worker - worker who is not

More information

Reporting by Liquidators to the Director of Corporate Enforcement

Reporting by Liquidators to the Director of Corporate Enforcement STATEMENT OF INSOLVENCY PRACTICE S18B Reporting by Liquidators to the Director of Corporate Enforcement Contents Paragraphs Introduction 1 6 Commencement 7 9 Scope 10 12 Duty to report 13 15 Content of

More information

Liquidation: a guide for employees

Liquidation: a guide for employees INFORMATION SHEET 46 Liquidation: a guide for employees If a company is in financial difficulty, its shareholders, creditors or the court can put the company into liquidation. This information sheet provides

More information

A guide to creditors voluntary liquidations

A guide to creditors voluntary liquidations A guide to creditors voluntary liquidations Introduction A company can be put into liquidation voluntarily, at the instigation of its directors, or compulsorily, by order of the Court. The effect, in either

More information

Ordinary Member of An Bord Pleanála TERMS AND CONDITIONS

Ordinary Member of An Bord Pleanála TERMS AND CONDITIONS Ordinary Member of An Bord Pleanála TERMS AND CONDITIONS THIS AGREEMENT is made on the day of 2010 between the Department of Environment, Heritage & Local Government (hereinafter called the Department

More information

INSOLVENCY BENEFIT GUIDANCE FOR DULY APPOINTED INSOLVENCY PRACTITIONERS

INSOLVENCY BENEFIT GUIDANCE FOR DULY APPOINTED INSOLVENCY PRACTITIONERS INSOLVENCY BENEFIT GUIDANCE FOR DULY APPOINTED INSOLVENCY PRACTITIONERS Background An amendment to the Social Security (Jersey) Law, 1974 1 (the Law ), came into force on 1 December 2012 that created a

More information

SECTION 9 TERMINATION OF EMPLOYMENT

SECTION 9 TERMINATION OF EMPLOYMENT SECTION 9 TERMINATION OF EMPLOYMENT Unfair Dismissal 155 Unfair Dismissals Act 1977 2007 155 Constructive Dismissal 156 Employees on Probation/Training/Apprenticeship 157 Dismissal Procedure 157 Redundancy

More information

2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT. The Transfer of Undertakings (Protection of Employment) Regulations 2006

2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT. The Transfer of Undertakings (Protection of Employment) Regulations 2006 STATUTORY INSTRUMENTS 2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT The Transfer of Undertakings (Protection of Employment) Regulations 2006 Made - - - - 6th February 2006 Laid before Parliament 7th

More information

Glossary of terms. Bond Quasi fidelity insurance needed by a person who acts as an insolvency practitioner.

Glossary of terms. Bond Quasi fidelity insurance needed by a person who acts as an insolvency practitioner. Glossary of terms Administration Order a) A Court order placing the company that is, or is likely to become, unable to pay its debts under the control of an administrator following an application by, inter

More information

ST IVES PLC ST IVES LONG TERM INCENTIVE PLAN 2010. Approved by shareholders of the Company on. Adopted by the board of the Company on

ST IVES PLC ST IVES LONG TERM INCENTIVE PLAN 2010. Approved by shareholders of the Company on. Adopted by the board of the Company on DISPLAY VERSION ST IVES PLC ST IVES LONG TERM INCENTIVE PLAN 2010 Approved by shareholders of the Company on Adopted by the board of the Company on The Plan is a discretionary benefit offered by St Ives

More information

Pacific NonWovens (Australia) Pty Limited (Administrators Appointed) ACN 163 768 474 (the Company)

Pacific NonWovens (Australia) Pty Limited (Administrators Appointed) ACN 163 768 474 (the Company) 18 May 2015 Circular to Employees Dear Sir/Madam Pacific NonWovens (Australia) Pty Limited (Administrators Appointed) ACN 163 768 474 (the Company) Stewart McCallum and I were appointed joint and several

More information

ACCOUNTING SOLUTIONS SCO: 209, First Floor, Sector-36/D. Chandigarh (M): 0172-4670390-5017149, 9876149390

ACCOUNTING SOLUTIONS SCO: 209, First Floor, Sector-36/D. Chandigarh (M): 0172-4670390-5017149, 9876149390 Liquidation of Companies Meaning: Liquidation is the legal procedure by which a company comes to an end. The term Liquidation mean The process of law where by a company is wound up to terminate its corporate

More information

Liquidation: a guide for employees

Liquidation: a guide for employees INFORMATION SHEET 46 Liquidation: a guide for employees If a company is in financial difficulty, its shareholders, creditors or the court can put the company into liquidation. This information sheet provides

More information

COMPROMISE AGREEMENT

COMPROMISE AGREEMENT Without Prejudice and Subject to Contract COMPROMISE AGREEMENT THIS AGREEMENT is dated xxxx AND IS MADE BETWEEN: SOAS, University of London whose premises are at Thornhaugh Street, Russell Square, London

More information

Police Amendment (Death and Disability) Act 2011 No 73

Police Amendment (Death and Disability) Act 2011 No 73 New South Wales Police Amendment (Death and Disability) Act 2011 No 73 Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendment of Police Act 1990 No 47 3 Schedule 2 Amendment of Police Regulation

More information

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95 New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other

More information

Determination 2015/19: Principal Executive Office - Classification Structure and Terms and Conditions

Determination 2015/19: Principal Executive Office - Classification Structure and Terms and Conditions REMUNERATION TRIBUNAL Determination 2015/19: Principal Executive Office - Classification Structure and Terms and Conditions The Remuneration Tribunal has determined a Principal Executive Office (PEO) classification

More information

DIFC Insolvency Regulations (IR)

DIFC Insolvency Regulations (IR) DIFC Insolvency Regulations (IR) 74085-00002 BK:9905372.1 1 1 October 2008 Contents The contents of this module are divided into the following Chapters, Sections and Annexes. 1. Introduction... 5 1.1 Application

More information

STATUTORY INSTRUMENTS. S.I. No. 582 of 2014 RULES FOR PRE-EXISTING PUBLIC SERVICE PENSION SCHEME MEMBERS REGULATIONS 2014

STATUTORY INSTRUMENTS. S.I. No. 582 of 2014 RULES FOR PRE-EXISTING PUBLIC SERVICE PENSION SCHEME MEMBERS REGULATIONS 2014 STATUTORY INSTRUMENTS. S.I. No. 582 of 2014 RULES FOR PRE-EXISTING PUBLIC SERVICE PENSION SCHEME MEMBERS REGULATIONS 2014 2 [582] S.I. No. 582 of 2014 RULES FOR PRE-EXISTING PUBLIC SERVICE PENSION SCHEME

More information

Insolvency: a glossary of terms

Insolvency: a glossary of terms INFORMATION SHEET 41 Insolvency: a glossary of terms This is a brief explanation of some of the terms you may come across in company insolvency proceedings. Please note that this glossary is for general

More information

Bankruptcy. a guide for unsecured creditors. Association of Business Recovery Professionals

Bankruptcy. a guide for unsecured creditors. Association of Business Recovery Professionals Bankruptcy a guide for unsecured creditors Association of Business Recovery Professionals Bankruptcy An individual is made bankrupt as a result of a petition presented to the court, usually because he

More information

Company Insolvency Overview

Company Insolvency Overview February 2010 Introduction 1. This overview is a general information guide only to highlight the differences between the various types of external controllers over company assets. Creditors should seek

More information

Determination 2012/14: Principal Executive Office - Classification Structure and Terms and Conditions

Determination 2012/14: Principal Executive Office - Classification Structure and Terms and Conditions REMUNERATION TRIBUNAL Determination 2012/14: Principal Executive Office - Classification Structure and Terms and Conditions The Remuneration Tribunal has determined a Principal Executive Office (PEO) classification

More information

Termination of employment legislation digest

Termination of employment legislation digest Please note that this country profile might not reflect the current state of the law on termination of employment. For updated information, you are invited to consult the EPLex database. Termination of

More information

The board of directors of a company is primarily responsible for:

The board of directors of a company is primarily responsible for: The board of directors of a company is primarily responsible for: Determining the company s strategic objectives and policies. Monitoring progress towards achieving the objectives and policies. Appointing

More information

SENTINEL RETIREMENT FUND RULES

SENTINEL RETIREMENT FUND RULES SENTINEL RETIREMENT FUND RULES November 2013 TABLE OF CONTENTS PAGE 1. INTRODUCTION... 1 2. DEFINITIONS... 2 3. MEMBERSHIP... 8 4. CONTRIBUTIONS... 11 4.1 Contributions by MEMBERS and EMPLOYERS... 11 4.2

More information

Assets Anything that belongs to the debtor that may be used to pay his/her debts.

Assets Anything that belongs to the debtor that may be used to pay his/her debts. This is a brief explanation of some of the terms you may come across in debt and insolvency proceedings. Please note that this glossary is for general guidance only. Many of the terms have a specific technical

More information

REDEPLOYMENT AND REDUNDANCY. Policy and Procedure for Handling Redeployment and Redundancy

REDEPLOYMENT AND REDUNDANCY. Policy and Procedure for Handling Redeployment and Redundancy REDEPLOYMENT AND REDUNDANCY This item sets out the Council s written policy for handling organisational change, which involve staff redundancies. This policy was agreed by the Policy and Resources Committee

More information

Southern State Superannuation Act 2009

Southern State Superannuation Act 2009 Version: 27.8.2015 South Australia Southern State Superannuation Act 2009 An Act to continue the Triple S contributory superannuation scheme for persons employed in the public sector; and for other purposes.

More information

CONTROL OF FINANCIAL SERVICES (PROVIDENT FUNDS) LAW -2005 UP-TO-DATE FULL TEXT ENGLISH TRANSLATION

CONTROL OF FINANCIAL SERVICES (PROVIDENT FUNDS) LAW -2005 UP-TO-DATE FULL TEXT ENGLISH TRANSLATION CONTROL OF FINANCIAL SERVICES (PROVIDENT FUNDS) LAW -2005 UP-TO-DATE FULL TEXT ENGLISH TRANSLATION CONTROL OF FINANCIAL SERVICES (PROVIDENT FUNDS) LAW 5765-2005 2 CONTENTS CONTROL OF FINANCIAL SERVICES

More information

A Creditor s Guide to Voluntary Liquidation in Hong Kong

A Creditor s Guide to Voluntary Liquidation in Hong Kong A Creditor s Guide to Voluntary Liquidation in Hong Kong Creditors Voluntary Liquidation Creditors voluntary liquidation occurs when shareholders put a company into liquidation because it is insolvent,

More information

Unfair Dismissals. Termination of Employment Series. Unfair Dismissals

Unfair Dismissals. Termination of Employment Series. Unfair Dismissals Unfair Dismissals Termination of Employment Series Unfair Dismissals The best protection from unfair treatment in the workplace is to become a union member as unionised employments tend to have better,

More information

DSA. Guide to a Debt Settlement Arrangement

DSA. Guide to a Debt Settlement Arrangement nseirbhís Dócmhainneachta na héirea DSA Guide to a Debt Settlement Arrangement n Insolvency Service of Ireland A Debt Settlement Arrangement enables an eligible insolvent debtor to reach agreement with

More information

STATUTORY INSTRUMENTS. S.I. No. 292 of 2015 EDUCATION AND TRAINING BOARD TEACHERS SUPERANNUATION SCHEME 2015

STATUTORY INSTRUMENTS. S.I. No. 292 of 2015 EDUCATION AND TRAINING BOARD TEACHERS SUPERANNUATION SCHEME 2015 STATUTORY INSTRUMENTS. S.I. No. 292 of 2015 EDUCATION AND TRAINING BOARD TEACHERS SUPERANNUATION SCHEME 2015 2 [292] S.I. No. 292 of 2015 EDUCATION AND TRAINING BOARD TEACHERS SUPERANNUATION SCHEME 2015

More information

A GUIDE TO THE OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE

A GUIDE TO THE OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE A GUIDE TO THE OCCUPATIONAL RETIREMENT SCHEMES ORDINANCE Issued by THE REGISTRAR OF OCCUPATIONAL RETIREMENT SCHEMES Level 16, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong. ORS/C/5

More information

Report of the Employment Status Group - PPF

Report of the Employment Status Group - PPF Introduction Report of the Employment Status Group - PPF This document has been prepared by the Employment Status Group set up under the Programme for Prosperity and Fairness (PPF). The group was set up

More information

SIPTU Ambulance Services Income Protection Scheme. Member Information Booklet - April 2012 Group Policy No: 24104

SIPTU Ambulance Services Income Protection Scheme. Member Information Booklet - April 2012 Group Policy No: 24104 SIPTU Ambulance Services Income Protection Scheme Member Information Booklet - April 2012 Group Policy No: 24104 CONTENTS Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Object of the Scheme

More information

Supplement No. 3 published with Extraordinary No. 5, dated 22 January, 2009. THE COMPANIES WINDING UP RULES 2008

Supplement No. 3 published with Extraordinary No. 5, dated 22 January, 2009. THE COMPANIES WINDING UP RULES 2008 CAYMAN ISLANDS Supplement No. 3 published with Extraordinary No. 5, dated 22 January, 2009. THE COMPANIES WINDING UP RULES 2008 AJJ/999999/15644034v1 ORDER 1...12 CITATION, APPLICATION AND COMMENCEMENT...12

More information

GN11A(ROI): CALCULATIONS REQUIRED UNDER THE FAMILY LAW ACT, 1995 OR THE FAMILY LAW (DIVORCE) ACT, 1996

GN11A(ROI): CALCULATIONS REQUIRED UNDER THE FAMILY LAW ACT, 1995 OR THE FAMILY LAW (DIVORCE) ACT, 1996 GN11A(ROI): CALCULATIONS REQUIRED UNDER THE FAMILY LAW ACT, 1995 OR THE FAMILY LAW (DIVORCE) ACT, 1996 Classification Practice Standard Legislation or Authority This Guidance Note must be read in conjunction

More information

Comparative Table. Business Registration Act (Cap. 32, 2004 Ed.) Business Names Registration Bill 2014

Comparative Table. Business Registration Act (Cap. 32, 2004 Ed.) Business Names Registration Bill 2014 APPENDIX TO ANNEX B Comparative Table Business Registration Act (Cap. 32, 2004 Ed.) Business Names Registration Bill 2014 PART I PRELIMINARY Short title 1. This Act may be cited as the Business Registration

More information

SCHEME OF COMPENSATION FOR PERSONAL INJURIES CRIMINALLY INFLICTED AS AMENDED FROM 1 ST APRIL 1986

SCHEME OF COMPENSATION FOR PERSONAL INJURIES CRIMINALLY INFLICTED AS AMENDED FROM 1 ST APRIL 1986 SCHEME OF COMPENSATION FOR PERSONAL INJURIES CRIMINALLY INFLICTED AS AMENDED FROM 1 ST APRIL 1986 The Application Form is located at the rear of the Guidance Notes If you experience any difficulty in completing

More information

Pension-Related Deduction from the remuneration of public servants Frequently Asked Questions

Pension-Related Deduction from the remuneration of public servants Frequently Asked Questions Revision date: January 2016 Pension-Related Deduction from the remuneration of public servants Frequently Asked Questions 1 Frequently Asked Questions Section A: Section B: Introduction to the Pension-related

More information

Circular No 16 @ November 2014

Circular No 16 @ November 2014 Circular No 16 @ November 2014 Corporate Insolvency Introduction The new Insolvency Act 2011 provides for the administration, receivership and liquidation of companies, and for the licensing of insolvency

More information

The Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE )

The Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE ) The Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE ) what is TUPE? Prior to 1981 employees were afforded little protection when their employer changed as a result of the sale

More information

Receivership: a guide for creditors

Receivership: a guide for creditors INFORMATION SHEET 54 Receivership: a guide for creditors If a company is in financial difficulty, a secured creditor or the court may put the company into receivership. This information sheet provides

More information

Schedule 11. The Transfer of Undertakings (Protection of Employment) Regulations 2006

Schedule 11. The Transfer of Undertakings (Protection of Employment) Regulations 2006 Schedule 11 The Transfer of Undertakings (Protection of Employment) Regulations 2006 1 Definitions 1.1 In this Schedule 11 the following definitions apply: Contractor Personnel means any employee, worker,

More information

Public Employees Benefits Agency. Public Employees Disability Income Plan

Public Employees Benefits Agency. Public Employees Disability Income Plan Public Employees Benefits Agency Public Employees Disability Income Plan Table of Contents INTRODUCTION...4 Overview Administration Employee Booklet ELIGIBILITY...5 Employer Responsibility Enrolment BENEFITS...7

More information

Insolvency and. Business Recovery. Procedures. A Brief Guide. Compiled by Compass Financial Recovery and Insolvency Ltd

Insolvency and. Business Recovery. Procedures. A Brief Guide. Compiled by Compass Financial Recovery and Insolvency Ltd Insolvency and Business Recovery Procedures A Brief Guide Compiled by Compass Financial Recovery and Insolvency Ltd I What is Insolvency? Insolvency is legally defined as: A company is insolvent (unable

More information

Criminal Injuries Compensation Act 1995 (c. 53)

Criminal Injuries Compensation Act 1995 (c. 53) Criminal Injuries Compensation Act 1995 (c. 53) 1995 c. 53 - continued back to previous page An Act to provide for the establishment of a scheme for compensation for criminal injuries. [8th November 1995]

More information

A CREDITORS GUIDE TO ADMINISTRATORS REMUNERATION SCOTLAND This guide applies to all appointments on or after 6 April 2006. Any creditor requiring

A CREDITORS GUIDE TO ADMINISTRATORS REMUNERATION SCOTLAND This guide applies to all appointments on or after 6 April 2006. Any creditor requiring A CREDITORS GUIDE TO ADMINISTRATORS REMUNERATION SCOTLAND This guide applies to all appointments on or after 6 April 2006. Any creditor requiring guidance on a case where the Insolvency Practitioner was

More information

A Guide on Employee s Rights in Bankruptcy, Winding-up and Receivership

A Guide on Employee s Rights in Bankruptcy, Winding-up and Receivership A Guide on Employee s Rights in Bankruptcy, Winding-up and Receivership Labour Department 09/2014 Foreword When an employer becomes insolvent, employees who are owed wages, wages in lieu of notice, pay

More information

Rules of The People s Pension Scheme

Rules of The People s Pension Scheme Rules of The People s Pension Scheme BUILDING AND CIVIL ENGINEERING HOLIDAYS SCHEME MANAGEMENT LIMITED (1) and THE PEOPLE S PENSION TRUSTEE LIMITED (2) CONTENTS Rule Heading Page BACKGROUND 4 1 Adoption

More information

A Guide for Creditors

A Guide for Creditors A Guide for Creditors Contents 1. About this guide... 3 2. What is The Insolvency Service?... 3 3. What is insolvency?... 3 4. What are the insolvency procedures?... 4 5. Who deals with the insolvency

More information

Payment of wages. Your hourly wage rate depends on factors such as the industry or sector you are in, your occupation and contract of employment.

Payment of wages. Your hourly wage rate depends on factors such as the industry or sector you are in, your occupation and contract of employment. Payment of wages Pay & Wages Series What hourly rate should I be paid? Your hourly wage rate depends on factors such as the industry or sector you are in, your occupation and contract of employment. Pay

More information

tes for Guidance Taxes Consolidation Act 1997 Finance Act 2014 Edition - Part 13

tes for Guidance Taxes Consolidation Act 1997 Finance Act 2014 Edition - Part 13 Part 13 Close companies CHAPTER 1 Interpretation and general 430 Meaning of close company 431 Certain companies with quoted shares not to be close companies 432 Meaning of associated company and control

More information

General practice registrar employment agreement. 2015 and 2016 training year

General practice registrar employment agreement. 2015 and 2016 training year General practice registrar employment agreement 2015 and 2016 training year 1 This employment agreement template contains the standard contractual agreements as per the Fair Work Act 2009, and the 2015

More information

STATEMENT OF INSOLVENCY PRACTICE A RECEIVER S RESPONSIBILITY FOR THE MORTGAGOR S RECORDS. Contents. Introduction 1-3. Scope 4-7.

STATEMENT OF INSOLVENCY PRACTICE A RECEIVER S RESPONSIBILITY FOR THE MORTGAGOR S RECORDS. Contents. Introduction 1-3. Scope 4-7. S1B STATEMENT OF INSOLVENCY PRACTICE A RECEIVER S RESPONSIBILITY FOR THE MORTGAGOR S RECORDS Contents Paragraphs Introduction 1-3 Scope 4-7 Principles 8 Compliance Standards On appointment 9-10 During

More information

A guide to compulsory liquidations

A guide to compulsory liquidations A guide to compulsory liquidations Introduction A compulsory liquidation is one instituted by the Courts as a result of a petition to the court by an interested party. The appropriate Courts for such actions

More information

THE COMPANIES ACT 2006 PRIVATE COMPANY LIMITED BY GUARANTEE ARTICLES OF ASSOCIATION of CORNWALL PARTNERS IN CARE LIMITED

THE COMPANIES ACT 2006 PRIVATE COMPANY LIMITED BY GUARANTEE ARTICLES OF ASSOCIATION of CORNWALL PARTNERS IN CARE LIMITED THE COMPANIES ACT 2006 PRIVATE COMPANY LIMITED BY GUARANTEE ARTICLES OF ASSOCIATION of CORNWALL PARTNERS IN CARE LIMITED PART 1 INTERPRETATION AND LIMITATION OF LIABILITY 1 Defined terms (1) The regulations

More information

Purchase of notional service for superannuation purposes Revision of Scheme

Purchase of notional service for superannuation purposes Revision of Scheme Circular 0125/2006 To: Institutes of Technology, Vocational Education Committees Purchase of notional service for superannuation purposes Revision of Scheme 1. Introduction. 1.1 Following discussions with

More information

RESPONSE TO LRC PERSONAL DEBT MANAGEMENT AND DEBT ENFORCEMENT REPORT. Chapter 1: Personal Insolvency Law: Debt Settlement Arrangements

RESPONSE TO LRC PERSONAL DEBT MANAGEMENT AND DEBT ENFORCEMENT REPORT. Chapter 1: Personal Insolvency Law: Debt Settlement Arrangements Chapter 1: Personal Insolvency Law: Debt Settlement Arrangements Reform of the Bankruptcy Act The Report recommends that a thorough review of the Bankruptcy Act 1988 should be undertaken. Comment: It is

More information

Pensions Act 2008 CONTENTS CHAPTER 30 PART I PENSION SCHEME MEMBERSHIP FOR JOBHOLDERS CHAPTER 1 EMPLOYERS DUTIES. PENSIONS ACT 2008 (c.

Pensions Act 2008 CONTENTS CHAPTER 30 PART I PENSION SCHEME MEMBERSHIP FOR JOBHOLDERS CHAPTER 1 EMPLOYERS DUTIES. PENSIONS ACT 2008 (c. Pensions Act 2008 CHAPTER 30 CONTENTS PART I PENSION SCHEME MEMBERSHIP FOR JOBHOLDERS CHAPTER 1 EMPLOYERS DUTIES Jobholders 1. Jobholders Employers' duties 2. Continuity of scheme membership 3. Automatic

More information

A BASIC GUIDE TO INSOLVENCY PROCEEDINGS. 1. The Transfer of Undertakings (Protection of Employment) Regulations

A BASIC GUIDE TO INSOLVENCY PROCEEDINGS. 1. The Transfer of Undertakings (Protection of Employment) Regulations A BASIC GUIDE TO INSOLVENCY PROCEEDINGS 1. The Transfer of Undertakings (Protection of Employment) Regulations ( TUPE ) are notoriously difficult to interpret. This is partly because they refer to other

More information

Insolvency: a glossary of terms

Insolvency: a glossary of terms Insolvency: a glossary of terms This is a brief explanation of some of the terms you may come across in company insolvency proceedings. Please note that this glossary is for general guidance only. Many

More information

UCC Supplementary Life Assurance Scheme Member s Booklet

UCC Supplementary Life Assurance Scheme Member s Booklet UCC Supplementary Life Assurance Scheme Member s Booklet Sub-Title taking care of you... Introduction University College Cork (UCC) has established the UCC Supplementary Life Assurance Scheme (the Scheme)

More information

Insolvency (Amendment) Bill

Insolvency (Amendment) Bill Bill [AS INTRODUCED] CONTENTS Provisions relating to communication 1. Attendance at meetings and use of websites 2. References to things in writing Requirements relating to meetings 3. Removal of requirement

More information

Termination of employment legislation digest

Termination of employment legislation digest Please note that this country profile might not reflect the current state of the law on termination of employment. For updated information, you are invited to consult the EPLex database. Termination of

More information

44. FAIR PAY AND CONDITIONS STANDARD

44. FAIR PAY AND CONDITIONS STANDARD Australian Master Human Resources Guide 45. NATIONAL EMPLOYMENT STANDARDS (NES) Janet Wood Workplace Relations Writer and Consultant [ 45-010] Introduction Under the Fair Work Act 2009 (FW Act), the National

More information

PAYE / PRSI for Small Employers

PAYE / PRSI for Small Employers PAYE / PRSI for Small Employers A Revenue Guide Contents Introduction 2 THE PAYE & PRSI System 3 Tax Credit System 4 Pay, Holiday Pay and Expenses 6 Treatment of Benefits 7 Taxation of Social Welfare Payments

More information

The Lender-financed Saskatchewan Student Loans Regulations

The Lender-financed Saskatchewan Student Loans Regulations LENDER-FINANCED 1 The Lender-financed Saskatchewan Student Loans Regulations being Chapter S-61.1 Reg 3 (effective July 30, 1996) as amended by Saskatchewan Regulations 97/97, 59/2000, 58/2001, 9/2002,

More information

HR & OD POLICIES. TUPE Manager Q&A

HR & OD POLICIES. TUPE Manager Q&A Q. What constitutes a transfer of undertaking under the Transfer of Undertaking (Protection of Employment) Regulations 2006 ()? A. As a general guide, a transfer is said to have taken place when the whole

More information

VIRGIN ISLANDS INSOLVENCY PRACTITIONERS REGULATIONS, 2004 ARRANGEMENT OF REGULATIONS

VIRGIN ISLANDS INSOLVENCY PRACTITIONERS REGULATIONS, 2004 ARRANGEMENT OF REGULATIONS VIRGIN ISLANDS INSOLVENCY PRACTITIONERS REGULATIONS, 2004 ARRANGEMENT OF REGULATIONS Regulation 1. Citation. 2. Interpretation. 3. Application for licence. 4. Approval of application for licence. 5. Licence

More information