THE ISSUES OF KEY STAKEHOLDERS IN INSOLVENCY

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1 TAX IN INSOLVENCY RISK ISSUES AND HOTSPOTS LANDLORDS PENSIONS EM OTS LANDLORDS PENSIONS EMPLOYMENT TAX IN INSOLVENCY RISK ISSUES A TAX IN INSOLVENCY RISK ISSUES AND HOTSPOTS LANDLORDS PENSIONS EM Course prices THE ISSUES WITH KEY STAKEHOLDERS IN INSOLVENCY ONE DAY COURSE Please tick appropriate membership category The fee includes all refreshments Cheltenham 27 February 2014 Cheltenham Chase VAT ( 336) Fellows VAT ( 354) Members / New professionals VAT ( 414) Associates VAT ( 474) Non-members 27 March 2014 Copthorne Tara Kensington VAT ( 390) Fellows VAT ( 420) Members / New professionals VAT ( 474) Associates VAT ( 540) Non-members The Issue for Key Stakeholders 2013 (6 CPD) Want to learn from what was covered in 2013? DVD VAT ( 120): DVD training package (plus p&p) 25 additional handbooks (plus p&p at cost) BOOK NOW I will be making payment by credit card Please invoice me I enclose a cheque payable to Association of Business Recovery Professionals Registration starts at 8.40 R3 the Education / Training Provider of the Year at the 2013 Insolvency & Rescue Awards, is dedicated to providing high quality and value for money education and training courses for all levels of insolvency professionals. Keep up to date on the latest technical and legal requirements at our upcoming courses for 2014: Introductory Series 27 FEBRUARY CVAs 2014 I Cheltenham Chase Football Finance Pre-Pack Administrations LONDON 27 MARCH Restructuring 2014 I Copthorne Solicitors Tara Firms Kensington in Financial Distress SPG Technical Review Charities and Community Interest Companies International Restructuring Conference Restructuring Day THE ISSUES OF KEY STAKEHOLDERS IN INSOLVENCY Hours CPD 6 Accreditation CHELTENHAM One Day Course

2 Course directors Christina Fitzgerald Matthew Arnold & Baldwin LLP Clare Kennedy Zolfo Cooper LLP Following on from its successful run in last year s programme, this one day course looks at an all encompassing understanding of key stakeholders by key stakeholders In this course we will examine what the various classes of creditors are expecting from an insolvency process and look at the technical points that IPs need to be aware of. The course looks at: Pensions Employment Tax in insolvency Contentious insolvency appointments Retention of title Secured and unsecured creditors rights Security case study The current position of landlords You will leave this course with a greater understanding of the insolvency process to assist you in your day-to-day running of a case. Who is this course aimed at? This course is aimed at accountants, insolvency practitioners, bankers and lawyers, with at least three years insolvency experience. What delegates thought of last year s course Excellent content better than many annual conferences which cost a lot more! Excellent, well put together. Very pleased I attended.

3 Programme 8.40 Registration and coffee 9.10 Chairman s introduction Christina Fitzgerald, Matthew Arnold & Baldwin LLP Lee Causer, Zolfo Cooper LLP (Cheltenham) Clare Kennedy, Zolfo Cooper LLP () 9.15 Pensions This session considers the role of the Pensions Regulator and the Pension Protection Fund s considerations when advising groups which have employers with defined benefit pension schemes and the potential for negotiating entry to the Pension Protection Fund for schemes of employers facing insolvency due to unaffordable schemes. There will be a case study dealing with the Uniq pension scheme restructuring Denise Fawcett, Pitmans LLP Keith Hinds, Grant Thornton UK LLP Employment - an update on recent cases and topical issues The topics covered will include: A TUPE update, concentrating particularly on the economics, technical or organisational (ETO) debate in light of the Court of Appeal decision in the Crystal Palace FC case, amongst other matters Other issues in relation to redundancies and arrears of pay in an insolvency context Income payment orders: where are the boundaries now? An overview of other relevant recent cases Alaric Watson, 11 Stone Buildings Tax in insolvency An update on relevant and recent developments in VAT case law including Pitfalls you should be aware of Some simple tips that could create savings Advice to help practitioners and small businesses keep on top of their VAT responsibilities Martin Lewis, Zolfo Cooper LLP Philip Ridgway, Temple Tax Coffee break Risks, issues and hotspots of contentious insolvency appointments This session will look at the difficulties and potential risks in dealing with Creditors Funding and indemnities Interviewing Books and records, both hard copy and electronic Security CFA s Mediation and negotiation Litigation and trial Louise Brittain, Wilkins Kennedy Retention of title (ROT) This session will look at the legal and factual difficulties for creditors in asserting ROT claims and the dangers faced by office-holders in ignoring them. Mark Tempest, Matthew Arnold & Baldwin LLP Lunch Unsecured creditors rights What s wrong with unsecured creditors relationships with insolvent estates and IPs? IPs obligations to unsecured creditors Antecedent transactions Unsecured creditors expectations and responsibilities Practical reality and public perception Alexander Wood and Sacha Pickering, Michelmores LLP Security case study In this session we will look at a case study and draw out the issues to think about when taking security and then seeking to enforce it. You will learn about the common pitfalls and traps which arise and the right questions to pose when asked to act as an office-holder by a secured creditor or to pay asset realisation proceeds to someone claiming to be a secured creditor. Michael Rutstein, Jones Day () Speaker to be announced (Cheltenham) Coffee break Secured creditors rights The position of the bank Asset based lending Debentures Simon Mills, Five Paper Landlords - the current position This session discusses the statutory moratorium; how a landlord can recover rent arrears; what is an expense; and rent as an expense. Ian Partridge, Zolfo Cooper LLP Malti Shah, Taylor Wessing Chairman s Close BOOK NOW

4 Course Speakers prices THE ISSUES WITH KEY STAKEHOLDERS IN INSOLVENCY ONE DAY COURSE Please tick appropriate membership category The fee includes all refreshments Alaric Watson practises at 11 Stone Buildings in a wide range of business litigation and advisory work, including insolvency, commercial, employment, general contract, fraud and real estate. His practice includes pure advisory work, litigation, arbitration and mediation. He Cheltenham 27 February 2014 Cheltenham Chase VAT ( 336) Fellows VAT ( 354) Members / New professionals VAT ( 414) Associates other stakeholders VAT ( 474) Non-members has in depth expertise in various aspects of the interrelationship between corporate recovery/ insolvency and employment law. Alexander Wood joined Michelmores in September 2012 and has over ten years experience in corporate recovery and restructuring in the City. His practice involves acting for lenders, borrowers and other stakeholders of distressed businesses, as well as insolvency practitioners, covering the whole range of restructuring and insolvency issues. 27 March 2014 Copthorne and Tara receivers Kensington VAT ( 390) Fellows VAT ( 420) Members / New professionals VAT ( 474) Associates VAT ( 540) Non-members Christina Fitzgerald is based in the office of Matthew Arnold & Baldwin LLP and deals with all aspects of contentious and noncontentious corporate and personal insolvency, advising insolvency practitioners, accountants, banks, ABLs, and other commercial organisations. She qualified as a licensed insolvency practitioner over ten years ago. Clare Kennedy is a director at Zolfo Cooper in the based financial advisory and restructuring services team. As a qualified accountant, Clare has over ten years experience in the restructuring market acting on both The Issue for Key Stakeholders 2013 (6 CPD) Want to learn from what was covered in 2013? secured lenders and other stakeholders of distressed businesses. Denise Fawcett is an insolvency lawyer dealing with all aspects of corporate and individual insolvency. She was seconded to the Pensions DVD VAT ( 120): DVD training package (plus p&p) 25 additional handbooks (plus p&p at cost) Regulator from March 2007 to October 2007 and returned to the Pensions Regulator for five months in January 2008 as a consultant, dealing with clearance applications, working alongside the PPF and advising upon insolvency issues. Ian Partridge is a senior associate in the Financial Advisory & Restructuring Services team. He is a chartered accountant and has more than eight years of experience working on formal insolvency appointments and advisory assignments across a number of industries. Keith Hinds is a partner at Grant Thornton and works in their Recovery & Reorganisation Practice where he specialises in providing advice Louise Brittain is R&R partner for Wilkins Kennedy, joining in Before this she was head of Deloitte s Contentious Insolvency Team specialising in high profile contentious criminal cases, international asset tracing and fraud and at Baker Tilly as head of their Special Investigation Team. Malti Shah is a senior associate in the Restructuring & Corporate Recovery group at Taylor Wessing. Malti has over eight years of experience in dealing with corporate insolvency and restructuring matters acting for lenders, investors, insolvency practitioners, landlords, and Mark Tempest is a partner at Matthew Arnold & Baldwin and an insolvency specialist. He has particular expertise in and extensive experience of corporate insolvency and receivership. Mark s clients include lenders, insolvency practitioners Martin Lewis is head of taxation at Zolfo Cooper and is based in. He has 20 years of experience in advising on taxation with particular emphasis on restructuring, corporate finance and insolvency. He has experience in assisting companies in financial difficulty and has advised on the taxation implications for the company and creditors in restructuring corporate debt. Michael Rutstein focuses on corporate restructurings and insolvencies, which often include cross-border issues. Michael is also a member of the editorial board of Recovery Magazine, published by R3. Philip Ridgway joined chambers when he returned to the Bar in June He advises on all areas of revenue law, both corporate and personal, but has a particular interest in corporate tax matters including, acquisitions and disposals, reconstructions and demergers, MBOs, returning capital to shareholders, s425 schemes, SDLT, stamp duty and SDRT. Sacha Pickering has over ten years experience as a specialist insolvency and restructuring solicitor. He deals with all types of restructuring and insolvency issues including business and asset sales by office holders, antecedent transaction advice and recovery, and all aspects of appointment holders duties, powers and responsibilities. to underperforming and distressed businesses, their funders and BOOK other stakeholders. Keith also has a particular focus on distressed M&A, Simon Mills is a senior commercial barrister refinancing and NOW supporting the needs of trustee working in banking and commercial finance, boards of defined benefit pension schemes in insolvency and asset recovery. He is the editor deficit and their sponsoring employers. Keith of two leading texts of finance and insolvency joined Grant Thornton in 2004 and has more law Salinger on Factoring and Goode on than 25 years of experience in recovery and Proprietary Rights and Insolvency in Sales reorganisation work. Transactions, and is consistently recommended I will be making payment by in Chambers credit card UK as a leading member of the Bar. Lee Causer is a director in the Financial Advisory and Restructuring Please Services invoice team me and is based in Birmingham. I enclose He specialises a cheque in business payable to Association of reviews, debt restructuring and formal insolvency appointments. Lee Business has over 16 years Recovery experience Professionals of insolvency, turnaround, advisory and corporate recovery experience, primarily in the mid-market. Application form Firm Address Tel no. Postcode Fax no. R3 the Education / Training Provider Contact name (if not delegate) of the Year at the 2013 Insolvency P.O. number & Rescue Awards, is dedicated to How did you hear about this course? providing high quality and value for money Post education and LinkedIn training Recovery Magazine Other (please specify) courses for all levels of insolvency professionals. Keep up to date on the latest Credit/debit technical and payment legal requirements form We accept any of the following payment methods (please tick): at our upcoming courses for 2014: Visa Mastercard Switch Visa Electron Introductory Card holder s name Series CVAs *Card no Football Finance Pre-Pack *Card issue no Administrations or valid from Restructuring Payment amount Solicitors Firms in Financial Distress *Security code (last 3 numbers on the back of the card) SPG Technical Review Charities Signature: and Community Interest Companies International Restructuring Conference / *Expiry date / Restructuring Date Day / / (*indicates mandatory field) R3 takes your privacy seriously. We will retain and use your personal data to provide you with information on our services. Your name and firm will be published in the delegate pack for every course you attend, unless otherwise requested. Cheques to be made payable to Association of Business Recovery Professionals. Bookings will only be accepted on receipt of registration form by post, fax, () or through the R3 website, Delegate substitutions are permitted but a supplement will be charged where there is a difference in membership category. Credit notes will only be issued if cancellations are received in writing no less than two working days prior to the date of the course. Refunds will not be available. A VAT receipt will be issued.

5 Speakers Course prices THE ISSUES WITH KEY STAKEHOLDERS IN INSOLVENCY ONE DAY COURSE Please tick appropriate membership category The fee includes all refreshments Alaric Watson practises at 11 Stone Buildings in a wide range of business litigation and advisory work, including insolvency, commercial, employment, general contract, fraud and real estate. His practice includes pure advisory work, litigation, arbitration and mediation. He Cheltenham 27 February 2014 Cheltenham Malti Shah Chase is a senior associate in the VAT ( 336) Fellows VAT ( 354) Members / New professionals VAT ( 414) Associates other stakeholders VAT ( 474) Non-members has in depth expertise in various aspects of the interrelationship between corporate recovery/ insolvency and employment law. Alexander Wood joined Michelmores in September 2012 and has over ten years experience in corporate recovery and restructuring in the City. His practice involves acting for lenders, borrowers and other stakeholders of distressed businesses, as well as insolvency practitioners, covering the whole range of restructuring and insolvency issues. 27 March 2014 Copthorne and receivers Tara Kensington VAT ( 390) Fellows VAT ( 420) Members / New professionals VAT ( 474) Associates VAT ( 540) Non-members Christina Fitzgerald is based in the office of Matthew Arnold & Baldwin LLP and deals with all aspects of contentious and noncontentious corporate and personal insolvency, advising insolvency practitioners, accountants, banks, ABLs, and other commercial organisations. She qualified as a licensed insolvency practitioner over ten years ago. Clare Kennedy is a director at Zolfo Cooper in the based financial advisory and restructuring services team. As a qualified accountant, Clare has over ten years experience in the restructuring market acting on both The Issue for Key Stakeholders 2013 (6 CPD) Want to learn from what was covered in 2013? secured lenders and other stakeholders of distressed businesses. Denise Fawcett is an insolvency lawyer dealing with all aspects of corporate and individual insolvency. She was seconded to the Pensions Philip Ridgway joined chambers when he DVD VAT ( 120): DVD on all training areas of revenue package law, both (plus corporate p&p) and personal, but has a particular interest in 25 additional handbooks (plus p&p at cost) Regulator from March 2007 to October 2007 and returned to the Pensions Regulator for five months in January 2008 as a consultant, dealing with clearance applications, working alongside the PPF and advising upon insolvency issues. Ian Partridge is a senior associate in the Financial Advisory & Restructuring Services team. He is a chartered accountant and has more than eight years of experience working on formal insolvency appointments and advisory assignments across a number of industries. Keith Hinds is a partner at Grant Thornton and works in their Recovery & Reorganisation Practice where he specialises in providing advice to underperforming and distressed businesses, BOOK NOW Louise Brittain is R&R partner for Wilkins Kennedy, joining in Before this she was head of Deloitte s Contentious Insolvency Team specialising in high profile contentious criminal cases, international asset tracing and fraud and at Baker Tilly as head of their Special Investigation Team. Restructuring & Corporate Recovery group at Taylor Wessing. Malti has over eight years of experience in dealing with corporate insolvency and restructuring matters acting for lenders, investors, insolvency practitioners, landlords, and Mark Tempest is a partner at Matthew Arnold & Baldwin and an insolvency specialist. He has particular expertise in and extensive experience of corporate insolvency and receivership. Mark s clients include lenders, insolvency practitioners Martin Lewis is head of taxation at Zolfo Cooper and is based in. He has 20 years of experience in advising on taxation with particular emphasis on restructuring, corporate finance and insolvency. He has experience in assisting companies in financial difficulty and has advised on the taxation implications for the company and creditors in restructuring corporate debt. Michael Rutstein focuses on corporate restructurings and insolvencies, which often include cross-border issues. Michael is also a member of the editorial board of Recovery Magazine, published by R3. returned to the Bar in June He advises corporate tax matters including, acquisitions and disposals, reconstructions and demergers, MBOs, returning capital to shareholders, s425 schemes, SDLT, stamp duty and SDRT. Sacha Pickering has over ten years experience as a specialist insolvency and restructuring solicitor. He deals with all types of restructuring and insolvency issues including business and asset sales by office holders, antecedent transaction advice and recovery, and all aspects of appointment holders duties, powers and responsibilities. their funders and other stakeholders. Keith also has a particular focus on distressed M&A, Simon Mills is a senior commercial barrister refinancing and supporting the needs of trustee working in banking and commercial finance, boards of defined benefit pension schemes in insolvency and asset recovery. He is the editor deficit and their sponsoring employers. Keith of two leading texts of finance and insolvency joined Grant Thornton in 2004 and has more law Salinger on Factoring and Goode on than 25 years of experience in recovery and Proprietary Rights and Insolvency in Sales reorganisation work. Transactions, and is consistently recommended I will be making payment in Chambers by credit UK as card a leading member of the Bar. Lee Causer is a director in the Financial Advisory and Restructuring Please Services invoice team and me is based in Birmingham. He I specialises enclose in a business cheque payable to Association of reviews, debt restructuring and formal insolvency appointments. Lee has over Business 16 years experience Recovery Professionals of insolvency, turnaround, advisory and corporate recovery experience, primarily in the mid-market. Application form Firm Address Tel no. Postcode Fax no. R3 the Education / Training Provider Contact name (if not delegate) of the Year at the 2013 Insolvency P.O. number & Rescue Awards, is dedicated to How did you hear about this course? providing high quality and value for money Post education LinkedIn and training Recovery Magazine Other (please specify) courses for all levels of insolvency professionals. Keep up to date on the Credit/debit latest technical payment and legal form requirements We accept any of the following payment methods (please tick): at our upcoming courses for 2014: Visa Mastercard Switch Visa Electron Card Introductory holder s name Series CVAs *Card no Football Finance *Card Pre-Pack issue no Administrations or valid from Payment Restructuring amount Solicitors Firms in Financial Distress *Security code (last 3 numbers on the back of the card) SPG Technical Review Signature: Charities and Community Interest Companies International Restructuring Conference / *Expiry date / Date Restructuring / Day / (*indicates mandatory field) R3 takes your privacy seriously. We will retain and use your personal data to provide you with information on our services. Your name and firm will be published in the delegate pack for every course you attend, unless otherwise requested. Cheques to be made payable to Association of Business Recovery Professionals. Bookings will only be accepted on receipt of registration form by post, fax, () or through the R3 website, Delegate substitutions are permitted but a supplement will be charged where there is a difference in membership category. Credit notes will only be issued if cancellations are received in writing no less than two working days prior to the date of the course. Refunds will not be available. A VAT receipt will be issued.

6 The Voice of Business Recovery CPD Accreditation The course constitutes structured CPD to meet the requirements of the Association of Certified Chartered Accountants (ACCA), the Institute of Chartered Accountants in England and Wales (ICAEW), the Insolvency Practitioners Association (IPA), the Institute for Turnaround (IFT), Solicitors Regulation Authority (SRA) and the Bar Council. Solicitors Regulation Authority/Bar Council CPD accreditation Ref: ABR/RTAB 6 hours Key sponsorship partners Association of Business Recovery Professionals 8th floor 120 Aldersgate Street EC1A 4JQ Tel: Fax: Not already an R3 member? R3 is the leading trade body of Business Recovery Professionals operating as the most authoritative body for the Insolvency Profession. R3 members represent over 97% of all licensed insolvency practitioners, business recovery and turnaround professionals working within the UK. How do I join? To take advantage of its member benefits, join today and receive discounts on R3 courses, including this one. Visit today. NT TAX IN INSOLVENCY RISK ISSUES AND HOTSPOTS LANDLORDS PENSIONS E POTS LANDLORDS PENSIONS EMPLOYMENT TAX IN INSOLVENCY RISK ISSUES NT TAX IN INSOLVENCY RISK ISSUES AND HOTSPOTS LANDLORDS PENSIONS E

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