Not So Small Print

Should you have any queries regarding the content of these links, please do not hesitate to contact us.

Gemma Roberts – Director & Licensed Insolvency Practitioner.

Company Directors Disqualification Act 1986

It is the duty of the Liquidator to prepare a report on the conduct of the Company’s officers, in pursuance of the Company Directors Disqualification Act 1986. Any adverse report could result in any, all, or a number of the Company’s officers being disqualified from acting as a director of a company for a period of two to fifteen years, depending on the severity of the unfit conduct. A breach of a disqualification order can result in criminal proceedings, leading to a fine or imprisonment or both. For further detailed information, follow this link: https://www.gov.uk/government/collections/information-about-company-director-disqualification

General Data Protection Regulation (GDPR)

We fully endorse the General Data Protection Regulation (GDPR) (EU) 2016/679 and adhere to the principals of it. By your acceptance of the Contract, you agree to us maintaining personal data in accordance with the legislation. All data supplied to us will be processed in accordance with the legislation, and we request that you comply with GDPR legislation in relation to all personal data supplied by us.

To comply with Money Laundering and General Data Protection Regulations, general consent is required. By signing and returning the engagement letter, you will have provided informed consent (permission) of the relevant individuals prior to the relevant Service being performed. Such informed consent will include the access, use and storage of any identity verification or check made against the individual and/or any other obligation required by law for these purposes.

Unclaimed monies/untraced clients

Monies received into our client accounts that are unclaimed and untraceable shall be dealt with in accordance with ICAEW guidelines. Whilst we take the identification of monies as very important, and we shall do everything in our power to identify the client, we have a duty to advise you how we would deal with such an occurrence.

We would take all reasonable steps to identify the client or to trace the client, and such monies under £10,000 as remain unidentified for 12 months shall be paid to a charity of our choice. The steps we take shall be proportionate to the amount available and may include writing to the client at their last known address, conducting electoral roll searches or searches with Companies House. We may advertise in newspapers or employ tracing agents at our discretion. When a firm has ceased to trade or has been dissolved (eg, a limited company that has been struck off), we shall contact the treasury solicitor (www.bonavacantia.gov.uk) for advice and instruction. If the amount to be paid to charity is more than £10,000, the registered charity must provide an Indemnity against any claim subsequently made by the client for the money.

If any funds remain in our client account that are unclaimed and the client to whom it relates remains untraced for five years, we may pay the monies to a registered charity. The registered charity must provide an indemnity against any claim subsequently made by the client for the money.

The Provision of Services Regulations 2009

In accordance with the disclosure requirements of the Provision of Services Regulations 2009, our Professional Indemnity insurer is Accelerant Insurance Europe SA, whose registered office is 1 Tollgate Business Park, Tollgate West, Colchester, CO3 8AB. The territorial coverage is worldwide, excluding business conducted in the United States of America or Canada and excludes any action for a claim brought in any court of either of those two countries.

Redundancy consultation and procedure

You should be aware that if a Company proposes to make 20 or more employees redundant at one establishment within a 90-day period, there is a responsibility on the employer to provide advance notification to the Secretary of State of the proposed redundancies (using Form HR1), as required by section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).  Under section 194, failure to notify the Secretary of State is a criminal offence, and from 12 March 2015, the potential fine is unlimited in value. Directors should be aware of these obligations prior to Liquidation and take their own legal advice where applicable.