Download or read book Connected and Associated Insolvency and Pensions Law written by David Pollard and published by Bloomsbury Publishing. This book was released on 2021-11-30 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Connected and Associated: Insolvency and Pensions Law discusses, in detail, the meaning and scope of the 'connected', 'associated' and 'control' tests used in the Insolvency Act 1986. These are in sections 249 and 435, and are incorporated by reference in pensions legislation. It also looks at the linked connected person test in The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021. Connected and Associated: Insolvency and Pensions Law will help you to: - Decide whether a person is connected or associated with another under the insolvency test for the purposes of preferences, transactions at an undervalue, or voting in creditor meetings - Decide whether there is a risk of falling within the potential target net for a contribution notice or financial support direction under the moral hazard powers of the Pensions Regulator in the Pensions Act 2004 - Check whether an investment by a pension scheme is within the limits on employer-related investment under the Pensions Act 1995 - Work out when a disposal by an administrator will be to a connected person - Work out who satisfies the independence test for an evaluator - Deal with connected person voting majorities in a creditor vote in a CVA and a Part A1 Moratorium - Understand the implications of the Administration (Restriction on Disposal etc. to Connected Persons) Regulations 2021 Written by David Pollard, one of the leading experts in this field, this is the only in-depth review of the complex test for connected or associated persons and, as such, is an essential title for insolvency and pension lawyers, litigators, pension trustees, employers, investors, lenders and their advisers. David Pollard is a leading and highly experienced lawyer in the insolvency and pensions fields and in related areas. He is a barrister, practising from Wilberforce Chambers in Lincoln's Inn, and previously practised for 37 years as a solicitor in London and Singapore. David's practice focuses on pensions law; insolvency law and; employment law (involving pensions). He was Chairman of the Association of Pension Lawyers (APL) from 2001 to 2003 and has been a vice chair of the Industrial Law Society.
Download or read book Connected and Associated Insolvency and Pensions Law written by David Pollard and published by Bloomsbury Publishing. This book was released on 2021-11-30 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Connected and Associated: Insolvency and Pensions Law discusses, in detail, the meaning and scope of the 'connected', 'associated' and 'control' tests used in the Insolvency Act 1986. These are in sections 249 and 435, and are incorporated by reference in pensions legislation. It also looks at the linked connected person test in The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021. Connected and Associated: Insolvency and Pensions Law will help you to: - Decide whether a person is connected or associated with another under the insolvency test for the purposes of preferences, transactions at an undervalue, or voting in creditor meetings - Decide whether there is a risk of falling within the potential target net for a contribution notice or financial support direction under the moral hazard powers of the Pensions Regulator in the Pensions Act 2004 - Check whether an investment by a pension scheme is within the limits on employer-related investment under the Pensions Act 1995 - Work out when a disposal by an administrator will be to a connected person - Work out who satisfies the independence test for an evaluator - Deal with connected person voting majorities in a creditor vote in a CVA and a Part A1 Moratorium - Understand the implications of the Administration (Restriction on Disposal etc. to Connected Persons) Regulations 2021 Written by David Pollard, one of the leading experts in this field, this is the only in-depth review of the complex test for connected or associated persons and, as such, is an essential title for insolvency and pension lawyers, litigators, pension trustees, employers, investors, lenders and their advisers. David Pollard is a leading and highly experienced lawyer in the insolvency and pensions fields and in related areas. He is a barrister, practising from Wilberforce Chambers in Lincoln's Inn, and previously practised for 37 years as a solicitor in London and Singapore. David's practice focuses on pensions law; insolvency law and; employment law (involving pensions). He was Chairman of the Association of Pension Lawyers (APL) from 2001 to 2003 and has been a vice chair of the Industrial Law Society.
Download or read book Corporate Insolvency written by David Pollard and published by Bloomsbury Professional. This book was released on 2007-05-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition provides an in-depth analysis of the law relating to corporate insolvency where it interacts with the law governing employment and pension rights. It explains the detailed elements of this specialist field of law and practice, providing a useful base on which to answer questions that are likely to arise. Practical appendices combine a range of statutory instruments and other material including EC directives, Insolvency practitioner guidance notes, flow charts relating to Claims for Payments from the National Insurance Fund and Department of Employment forms. New content includes: the new TUPE Regulations 2006; Pensions Act 2004; Court of Appeal cases on whether insolvency awards priority insolvency debts; overseas employees - new cross-border EC Directives; age discrimination legislation (due October 2006) and the Insolvency Act 2002 material.
Download or read book Pensions and Corporate Insolvency written by Rosalind J. Connor and published by Jordan Publishing (GB). This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the UK, there have been some important developments in pensions and insolvency, notably the Supreme Court decision pending in Bloom v The Pensions Regulator, which focuses on the Regulator's rights where it issues its notice after the commencement of the administration of the recipient. Pensions and Corporate Insolvency sets out to explain the law and the practical issues that arise in the UK's pensions and insolvency. The book covers: the pensions law and institutions * powers of the regulators * the establishment of the PFF * the process for preparing for an insolvency, including financial assessment, negotiating with the parties involved, and competing interests * how to structure the insolvency in terms of moving the liabilities away from the operating company * how to handle the assessment and PFF entry * avoiding negotiation and the regulator risks * solvent restructuring * international issues relating to exporting the Regulator's powers. It starts with a brief summary of the issues, followed by details of the process to be followed, tactical and structuring issues relating to the various forms of insolvency, restructuring options, and the regulatory bodies. The effect on an international group is also covered.
Download or read book Corporate Insolvency Employment and Pension Rights written by David Pollard and published by Bloomsbury Publishing. This book was released on 2022-10-24 with total page 1421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about “association” and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work. This title is included in Bloomsbury Professional's Insolvency Law online service.
Download or read book Corporate Insolvency Pension Rights written by David Pollard and published by Bloomsbury Publishing. This book was released on 2016-12-22 with total page 795 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Insolvency: Pension Rights is the only book of its kind to successfully bridge the gap between the two distinct disciplines of pensions law and corporate insolvency law by drawing out the legal principles applicable where the different legal regimes interact.Providing in-depth analysis and drawing together legislation, case law, analysis and comment Corporate Insolvency: Pension Rights focuses on the application of the rules relating to corporate insolvency and how they impact on pensions. It explains the detailed elements of this specialist field of law and practice, providing a useful base on which to answer questions that are likely to arise.Coverage includes: the Supreme Court decision in Nortel and its impact on recovery under TPR's moral hazard powers; limits on the amount of contribution notices: Re Storm Funding; issues on s75 debts: MNRPF v Stena; cases on TPR's moral hazard powers; and surpluses on winding up: UC Rusal Alumina v Miller.Why you should read this bookIf you work as a pensions practitioner, corporate insolvency practitioner or accountant, you will find the up-to-date case law and practical analysis in Corporate Insolvency: Pension Rights an essential aid to your work.
Download or read book Employment Law and Pensions written by David Pollard and published by Bloomsbury Publishing. This book was released on 2023-07-13 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: Save time with the only dedicated text on the market that deals with the intersection of pension and employment law issues. Alongside a comprehensive overview of pensions provision in the UK, this title is organised into seven parts to guide you through the distinct issues concerning these intersecting disciplines. These include the obligations of employers, unlawful discrimination, employment contracts, employers' powers and consultation, TUPE and the cessation of employment. The Second Edition has been fully updated to include: - New cases across all seven parts of the work, assessing their impact on practice and procedure, including Walker v Innospec in the Supreme Court and IBM v Dalgeish and Bradbury v BBC in the Court of Appeal - New chapters covering: - disability discrimination and pensions - the definition of pensionable pay in a pension trust - Braganza duties on employers - whether TUPE transfers third party obligations - The impact of Brexit on pensions provision in the UK This title is included in Bloomsbury Professional's Employment Law and Pensions Law online services.
Download or read book Principles of Corporate Insolvency Law written by Royston Miles Goode and published by Sweet & Maxwell. This book was released on 2011 with total page 1189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Insolvency Law is widely regarded as 'the' text on Insolvency law. Professor Sir Roy Goode's reputation as the "doyen of commercial law" has established a unique position for the Work as a leading authority in the field. The book provides a clear and concise treatment of the general philosophical principles underpinning Insolvency law. It works as an introduction to this complex area and as such it has a broad market, ranging from students and newly qualified practitioners to barristers in Court.
Download or read book Pensions Act 2004 written by Stationery Office, The and published by The Stationery Office. This book was released on 2004 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Act is in nine parts and includes provisions to: i) establish a non-departmental public body called the Pensions Regulator to replace OPRA. This will take over responsibility for regulation of occupational pensions and specific functions of personal pensions and stakeholder pensions, as well as assume new functions including referring determinations to a Pensions Regulator Tribunal; ii) create a new Pension Protection Fund (PPF) to provide compensation for members of occupational pension schemes in cases where insolvent employers leave insufficient pension funds; iii) introduce a new explicit Ministerial function to promote and facilitate financial retirement planning, including powers to require employers to provide pension planning advice access for employees in the workplace; and iv) provide greater flexibility and simplicity in pension scheme administration and greater clarity in existing pensions law.
Download or read book A Practitioner s Guide to Correcting Mistakes in Pension Schemes written by Paul Newman and published by Bloomsbury Publishing. This book was released on 2022-03-31 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discovery of mistakes in pension scheme documents is as common as it is potentially serious for the administration of the scheme and for the sponsoring employer. The large sums invested in pension schemes mean that such mistakes are often very costly indeed. This book provides a practical guide to the different methods available to correct commonly-occurring mistakes in the governing provisions of pension schemes. It combines a detailed review of the law with (where relevant) practical tips, including analysis of the appropriate practice and procedure involved in the key methods of correction. With a significant body of case law enabling more authoritative answers to be given to the legal issues affecting the correction of pension scheme mistakes, and more and more mistakes being discovered because of the move to secure pension scheme liabilities with insurance companies, trustees and employers need swift and accurate legal advice on what they can do to correct such mistakes. This book provides them and their legal advisers with that advice ensuring they do not make the same costly mistakes that others have made. This book will help the reader to: · To select the most appropriate method of correcting the mistake · Consider including provisions in the terms of the pension scheme which may make the correction of the mistake easier and cheaper · Select the most tax-efficient way of correcting the mistake · Understand the processes involved in correcting the mistake · Better advise their clients as to how to deal with the mistake This title is included in Bloomsbury Professional's Pensions Law online service.
Download or read book The Law and Practice of Restructuring in the UK and US written by Shai Y. Waisman and published by Oxford University Press, USA. This book was released on 2011-04-07 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Practice of Restructuring in the UK and US is a practical guide to the restructuring of corporate debt and associated restructuring issues such as employees and pensions, from the perspective of both UK and New York law, the dominant systems of law in the world commercial and financial markets. At a time when many companies are looking at renegotiating and restructuring their debt agreements, this book provides a timely analysis of current techniques and likely developments in the field of corporate restructuring. An expert contributor team from both the US and UK combine their practical experience to cover all aspects of corporate restructuring. Through vivid exposure of the differences between the two jurisdictions, this book considers likely developments in the corporate restructuring landscape, for example the US Chapter 11 paradigm, as well as addressing lessons learned from past issues which are likely to feed into future develompents With coverage of techniques available to both stressed and distressed companies, as well as looking at specialist markets and key stakeholders, The Law and Practice of Restructuring in the UK and US is an invaluable guide for banking, finance and insolvency practitioners and their clients, both financial institutions and companies looking to restructure debt, as well as global accountancy firms and law and business schools worldwide.
Download or read book Joint Ventures and Shareholders Agreements written by Susan Singleton and published by Bloomsbury Publishing. This book was released on 2021-11-30 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Baffled by joint venture and shareholder agreements? Guidance on the new PSC Register is just one of the things that small businesses need to understand. Helping you to identify the central issues involved in joint venture transactions, take effective instructions and draft good documentation using precedents, case studies and checklists. Now covers: Brexit 2020 and its impact on competition law, UK and EU; Changes to tax aspects arising from the latest Finance Acts; New case law such as - Guest Services Worldwide Ltd v. Shelmerdine [2020] EWCA Civ 85 (CA) (non-competition clauses in shareholders' agreements) and Global Corporate Limited v. Hale [2018] EWCA Civ 2618 (CA) (when payments to a director/shareholder were dividends) Key content includes: Preliminary considerations: A discussion of the nature of joint ventures and shareholders' agreements; Financing the venture; Tax and accounting considerations for UK corporate joint ventures; Regulatory matters; Employment and pension issues. Key issues in structuring and drafting UK corporate joint venture documentation and shareholders' agreements: Deadlock and minority protection; Voting rights and board representation; Restrictive covenants. Joint ventures and shareholders' agreements in practice: Articles of association; Transfers of assets; EU and UK Competition law including Brexit issues.
Download or read book Pension fund governance written by Michael Orszag, John Evans, John Piggott and published by Edward Elgar Publishing. This book was released on 2008-06-30 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This collection of essays on a rapidly developing topic is a valuable addition to the field and the editors must be congratulated on beginning to bring the area to the attention of thinkers and government (not necessarily the same thing), who are charged with dealing with the challenge of controlling private pension provision.' - Robin Ellison, Pensions
Download or read book The Law of Pension Trusts written by David Pollard and published by OUP Oxford. This book was released on 2013-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most detailed treatment available of pension trusts law. This book draws together all of the relevant topics providing analysis of the case law and addressing many of the tricky problems which pensions practitioners and academics face.
Download or read book Blackstone s Statutes on Property Law 2015 2016 written by Meryl Thomas and published by Oxford University Press, USA. This book was released on 2015-08-20 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully revised and updated to provide comprehensive coverage of all the most important legislation on property law, this book is designed specifically for students preparing for examinations and includes unannotated primary and secondary legislation as well as detailed tables of content to aid quick and efficient research.
Download or read book Lightman Moss on the Law of Administrators and Receivers of Companies written by Gavin Lightman and published by . This book was released on 2017-07-31 with total page 981 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of Shareholders' Rights provides guidance for readers on the statutory remedies for the protection of minority shareholders with coverage/guidance also of articles of association and shareholders' agreements; the fiduciary duties of directors; restrictions on the power of the majority under general principles of equity and the principles of partnership law (such as good faith) which have been adopted in company law.
Download or read book Pensions Contracts and Trusts Legal Issues on Decision Making written by David Pollard and published by . This book was released on 2020 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
