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Insolvency practitioner sanctions: IPA member and Licensed Insolvency Practitioner

A Disciplinary Consent Order was made against an IPA member and Licensed Insolvency Practitioner

Applies to England, Scotland and Wales

Documents

Disciplinary consent order IPA member and Licensed Insolvency Practitioner

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Details

Summary of complaint:

Complaint 1

He, in his capacity as liquidator of a company, when discussing settlement of the costs of the company’s former liquidator,

(a) failed to inform him that he had drawn a substantial sum in respect of his own fees, and/or

(b) failed to inform him that he had agreed with an adviser that no fees would be paid to the former liquidator and/or that the insolvency practitioner would be allowed to take fees on the understanding that the former liquidator would not be entitled to take his fees, in breach of:

(i) paragraph 36 of the Insolvency Code of Ethics (issued 2014), and/or

(ii) the fundamental principle of integrity as set out in paragraph 4 of the Insolvency Code of Ethics (issued 2014), and/or

(iii) the fundamental principle of professional behaviour as set out in paragraph 4 of the Insolvency Code of Ethics (issued 2014).

Complaint 2

In breach of the fundamental principle of professional competence and due care of the Insolvency Code of Ethics, the practitioner;

(a) failed to pay an amount payable to the former liquidator, a person employed or authorised to assist in the preparation of a statement of affairs or of accounts, in breach of Rule 4.218(3)(k), (o) and (q) Insolvency Rules 1986 and/or Rule 6.42(4)(d), (h) and (j) Insolvency (England and Wales) Rules 2016, and/or

(b) paid out of assets of the company his own remuneration in priority to an amount payable to the former liquidator, a person employed or authorised to assist in the preparation of a statement of affairs or of accounts, in breach of Rule 4.218(3)(k), (o) and (q) Insolvency Rules 1986 and/or Rule 6.42(4)(d),(h) and (j) Insolvency (England and Wales) Rules 2016.

Published 17 June 2024