1 / 9

Pensions Aspec ts of Company Liquidations

Pensions Aspec ts of Company Liquidations. David Main A&L Goodbody. 14 January 2009 . Overview. Pre-liquidation restructuring options Overview of liquidations Pensions issues in liquidations. Pre-liquidation restructuring options.

truman
Télécharger la présentation

Pensions Aspec ts of Company Liquidations

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Pensions Aspects of Company Liquidations David Main A&L Goodbody • 14 January 2009

  2. Overview • Pre-liquidation restructuring options • Overview of liquidations • Pensions issues in liquidations

  3. Pre-liquidation restructuring options • Receivership – a self-help mechanism for secured creditors • Examinership – a life-support mechanism for companies • Schemes of arrangement – a little-used reorganisation of share capital

  4. Liquidations • Types • Voluntary – members’ (solvent) or creditors’ (insolvent) • Compulsory – court order (insolvent)

  5. Liquidations • Date of wind-up of company • Voluntary – date of resolution to wind up • Compulsory – date of presentation of petition

  6. Liquidations • Types of liquidator • Liquidator’s powers • Legal status of liquidator, directors, employees • Order of priority and proving claims

  7. Issues for pension lawyers • Your fees when acting for a liquidator • Getting the basic details • Conflicts of interest • Has the scheme begun to wind up?

  8. Issues for pension lawyers • Unpaid contributions • Deficit funding – the big issue • Closing the contribution demand window • Trustee contribution demands

  9. Issues for pension lawyers • Use of surplus (if any) • Expenses • Over to Alan for the trustee perspective.

More Related