New Act throws insolvency wide open

The insolvency market will be thrown wide open under the Enterprise Act as banks are forced to abandon their 'preferred insolvency panels' to deal with practitioners appointed by companies, according to experts.

Written by Adriana Zea

Under the Act, passed at the end of the last parliament, administrative receivership has been abolished and companies have been given more control in the event of an insolvency. Companies will also have the task of nominating administrators instead of main creditors like the banks.

The changes are likely to spell the end for the traditional 'panels' of preferred insolvency specialists used by banks and end what have so far been close relationships.

Advertisement

John Alexander, head of corporate recovery at Carter Backer Winter, said: 'The use of panels would probably fall out of use going forward.'

Technically however, banks still retain the power, as floating charge holders, to veto company decisions. Insolvency practitioners are hoping banks will honour the spirit of the law by not using this power unless absolutely necessary.

'Administrators now have the role to act for all creditors, not just the banks. There is no reason why the bank should want to appoint its own administrator,' said Alexander.

Tags:

Comments

White papers

Related jobs

More Accounting jobs

Spotlight

Stuart Bridges, Hiscox

Stuart Bridges: FD of Hiscox

Dull is the new black in these straightened times –...

Top 30 Accounting Networks and Associations 2008

The race to become the biggest firm on the planet...

Barack Obama Accountancy Age cover October 2008

Obama: asset or liability?

What an Obama presidency could mean for you

Find your next job

Find your next job
Salary Checker

Job of the week

More finance jobs

Newsletters

Sign up here for the very latest news delivered to your inbox. Choose from the following options:

Your next job

Have your say

Will proposed tax cuts help to stimulate the economy?
Yes
No

Advertisement

Search white papers

Search white papers

Advertisement