Recognition under EU directive 2005/36

Information for people applying for recognition of qualifications to act as an insolvency practitioner under the provisions of EU directive 2005/36.

Applying for recognition

In the context of insolvency practitioners the Directive provides that practitioners who have acquired professional qualifications in one relevant state (members of EEA and Switzerland) shall have access to that profession in the other relevant states. In practical terms an applicant from a relevant state, who wishes to become established in another state (the host state), will be able to apply for authorisation to a Recognised Professional Body and that body will be required to recognise equivalent professional qualifications obtained in the applicant's home state or other relevant state where he is authorised to act in that state. The European Communities (Recognition of Professional Qualifications) Regulations 2007 SI 2781 /2007 implement in part EU Directive 2005/36.

Applying for registration to act as an IP in NI on a temporary or occasional basis

The Department has entered into an agreement with the six Recognised Professional Bodies who are responsible for authorisation of insolvency practitioners in NI.

The requirements of Parts 3 & 4 of the Insolvency Practitioner Regulations (Northern Ireland) 2006 (SR 2006 No.33) are specifically drawn to the attention of applicants for registration. Any person intending to act as an office holder should provide a copy of their bonding arrangements together with other necessary documentation. It is intended to provide an example of bonding arrangements applicable to UK service providers in due course.

Applicants for registration as a service providers should be aware that prior to the provision of services they will need to complete a declaration in advance of the provisions of services and provide relevant documents.

Once completed the declaration and documents should be sent to one of the Recognised Professional Bodies.

Becoming established as an IP in NI

A service provider may apply to any of the competent authorities listed in Schedule 1 to The European Communities (Recognition of Professional Qualifications) Regulations 2007 SI 2781 /2007.

Information about the provision of services in other European states

If you are an authorised insolvency practitioner within Northern Ireland and require information about the provision of services in other European states. The Department for Business, Energy and Industrial Strategy has provided the following link to contact points in other member states

You should approach your own authorising body for full information.

 

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