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Pensions And Corporate Insolvency
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Book Synopsis Corporate Insolvency by : David Pollard
Download or read book Corporate Insolvency written by David Pollard and published by . This book was released on 2021 with total page 992 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."--
Book Synopsis Employment and Pension Rights in Corporate Insolvency by : David Pollard
Download or read book Employment and Pension Rights in Corporate Insolvency written by David Pollard and published by Tolley. This book was released on 2000-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Pensions and Corporate Insolvency by : Rosalind J. Connor
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.
Book Synopsis Connected and Associated: Insolvency and Pensions Law by : David Pollard
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.
Book Synopsis Corporate Insolvency: Pension Rights by : David Pollard
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.
Book Synopsis Tolley's Employment and Pension Rights in Corporate Insolvency by : David Pollard
Download or read book Tolley's Employment and Pension Rights in Corporate Insolvency written by David Pollard and published by Hyperion Books. This book was released on 1994 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Employee and Pension Claims During Company Insolvency by : Janis Pearl Sarra
Download or read book Employee and Pension Claims During Company Insolvency written by Janis Pearl Sarra and published by Carswell Legal Publications. This book was released on 2008 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This study is the most comprehensive analysis of the treatment of social claims in insolvency to date, and will make an important contribution to a timely and important public policy debate. The text can be used to challenge the status quo, to compare and contrast one system to another in order to frame an argument of why wages and pensions should be treated differently in your country. This book is divided into parts that are designed to provide the most detailed account of world insolvency systems and how they treat wages and benefits of employees."--pub. desc.
Book Synopsis Insolvency of Pension Plans and Remedies /s by : Frank V. Whiting
Download or read book Insolvency of Pension Plans and Remedies /s written by Frank V. Whiting and published by . This book was released on 1928 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Firm Bankruptcy and Retiree Benefits by : Joshua H. Saunders
Download or read book Firm Bankruptcy and Retiree Benefits written by Joshua H. Saunders and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Benefits for retired employees are of particular interest to policymakers, who often are concerned with the income security of retirees, a large and fast-growing population. One aspect of this congressional concern is what happens when bankrupt employers are unable to provide promised pension and health benefits to their retired employees. This book explores the protections of benefits awarded retirees and future retirees of bankrupt private-sector employers under current law. Although there are many types of employee benefits, active employees, retirees, and the employers themselves are often especially concerned with postretirement pensions and health insurance benefits, usually the two largest components of these so-called legacy costs. This book also provides an overview of the status of employee wages and benefits, including retiree benefits, when an employer files in bankruptcy, and the amendments made to the U.S. Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act; provides background on Delphi Corporation, relevant pension law, the role of the Pension Benefit Guaranty Corporation (PBGC), a description of major events at Delphi since 1999, and a listing of congressional hearings and legislation introduced related to the Delphi Corporation since the 111th Congress.
Book Synopsis Corporate Insolvency: Employment Rights by : David Pollard
Download or read book Corporate Insolvency: Employment Rights written by David Pollard and published by Bloomsbury Publishing. This book was released on 2016-12-22 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Insolvency: Employment Rights is the only book of its kind to successfully bridge the gap between the two distinct disciplines of employment and corporate insolvency law by drawing out the legal principles applicable where the different legal regimes interact.How this book can help you in your workProviding in-depth analysis and drawing together legislation, case law, analysis and comment Corporate Insolvency: Employment Rights focuses on the application of the rules relating to corporate insolvency and how they impact on employees. 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, 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? Keep up to dateCoverage includes:? The changes to expenses and provable debts following the Supreme Court decision in Nortel? Changes to Tupe in 2014? Who is a "worker": Clyde & Co v Bates van Winkelhof? Caselaw on Tupe and dismissals, including: Crystal Palace FC Ltd v Kavanagh? New employment tribunal fees and penalties? Changes to preferential debtsWhy you should read this bookIf you work as an employment practitioner or corporate insolvency practitioner, you will find the up-to-date case law and practical analysis in Corporate Insolvency: Employment Rights an essential aid to your work.
Book Synopsis Freshfields on Corporate Pensions Law 2015 by : Freshfields Bruckhaus Deringer
Download or read book Freshfields on Corporate Pensions Law 2015 written by Freshfields Bruckhaus Deringer and published by Bloomsbury Publishing. This book was released on 2015-02-23 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is aimed at the corporate market and provides information on UK pension rights and obligations. It includes encyclopaedic coverage of the legal issues related to corporate pensions with relevant updated and edited material drawn from Freshfields in-house briefings. Freshfields on Corporate Pensions Law 2015 will equip readers with a comprehensive and detailed exposition of UK corporate pension rights and obligations. Containing 'bitesized' analysis of salient topics - such as funding, employer debt, corporate transactions, conflicts of interest, investment issues, and other important areas of corporate pensions law - the book provides insight and advice on every area of UK corporate pensions law. Contents include: scheme funding * debt on the employer * TPR moral hazard powers and clearance * the Pension Protection Fund (PPF) * corporate transactions (sales purchases and corporate activity) * scheme mergers * cross-border pension schemes * restructuring and insolvency * multi-employer schemes * trustees * conflicts of interest * obligations to provide information * benefit changes * employer consultation obligations and communicating with members * age discrimination and pensions * investment issues * pensions tax * auto-enrolment.
Download or read book Pension Dumping written by Fran Hawthorne and published by John Wiley & Sons. This book was released on 2010-05-20 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fran Hawthorne, author of Pension Dumping, is a recipient of the New York State Society of Certified Public Accountants award for Excellence in Financial Journalism for 2009—the first year books have been honored. Pension plans in America no longer represent commitments that financially troubled companies will honor. Neither bankruptcy courts, nor Washington, nor unions have the clout to make them do so. The disposition of these plans is instead left to serve the needs of big investors. Often these investors are a failing company’s best hope of restructuring after bankruptcy. Investors want a lean investment unburdened with financial promises to employees no longer on the payroll. Despite laws passed to discourage the termination of plans, the courts allow it, caving in to the forces garnered to reinvigorate a failing company. Unions are often compelled to choose between the financial welfare of retirees and jobs for active workers. Pension Dumping explains in shocking detail how terminating the pension plan became a knee-jerk strategy for bankrupt companies that hope to attract big investors to help them reorganize. Hawthorne traces the dynamics and the players involved as a pension is targeted for termination: thebankruptcy court and the hierarchy of power that dictates whose interests will prevail the choices forced on unions the burden placed on the Pension Benefit Guaranty Corporation the risks investors take and the returns they look for the companies’ efforts to salvage what they can as they restructure, as well as the backlash they risk by breaking pension promises In 2008, Pension Dumping was cited in testimony before a Congressional committee investigating bankruptcies in relation to pensions.
Book Synopsis Corporate Insolvency: Employment and Pension Rights by : David Pollard
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.
Book Synopsis Pensions and Corporate Restructuring in American Industry by : Gordon L. Clark
Download or read book Pensions and Corporate Restructuring in American Industry written by Gordon L. Clark and published by . This book was released on 1993 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first book to systematically evaluate the Employee Retirement Income Security Act (ERISA) of 1974, Gordon Clark argues that the law has failed to project workers' pension rights in situations where it was expected to be most effective: when corporations restructure in the face of enhanced market competition and technological change. Pensions and Corporate Restructuring in American Industry examines recent trends in corporate behavior and government policymaking in the United States and finds that the moral and ethical foundations of regulation are under attack. As a result of intense competitive pressures, Clark argues, some of America's major corporations have begun to flout government regulations designed to protect workers - and to treat the attendant law suits as just another cost of doing business. He finds evidence that some have even used restructuring as the means to avoid statutory obligations to workers. In a series of case studies - including the bankruptcy of the LTV Corporation, the radical restructuring of International Harvester Corporation into Navistar Corporation, and the sale and restructuring of Continental Can Corporation - Clark evaluates the effectiveness of current regulations and the role of government agencies such as the Internal Revenue Service and the Pension Benefit Guaranty Corporation. His analysis shows that many of the problems of enforcing ERISA can be traced to the act itself - the product of compromises among overlapping and competing interests that fatally limited its effectiveness. Clark concludes that any new regulatory framework must clarify the connections between restructuring and the welfare of workers, connections generally ignored inthe litigation that dominates corporate life today.
Book Synopsis Pensions' Aspects of Insolvency by : Robin Ellison
Download or read book Pensions' Aspects of Insolvency written by Robin Ellison and published by . This book was released on 1997 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by highly regarded and well-known pension experts, this practical manual concentrates on the impact on pension schemes when the sponsoring company becomes insolvent. It is aimed at insolvency practitioners, independent trustees, pensions' administrators, consultants and brokers. It provides a practical guide to dealing effectively with legislation introduced by the 1993 Pensions Schemes Act.
Book Synopsis The Law of Pension Trusts by : David Pollard
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.
Book Synopsis Corporate Insolvency and Rescue by : Irene Lynch-Fannon
Download or read book Corporate Insolvency and Rescue written by Irene Lynch-Fannon and published by Bloomsbury Publishing. This book was released on 2016-10-14 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this authoritative book examines in detail all the corporate insolvency procedures available in Ireland, including examination, receivership and winding-up. It examines the rights and liabilities of the parties involved in the winding-up process - company directors, shareholders, and secured and unsecured creditors - and also addresses the issue of fraudulent and reckless trading.
