Letters to insolvency practitioners

The 'Dear IP' series of letters, issued by the Insolvency Service, are intended to explain future changes in the legislation, provide clarification or interpretation of insolvency law when problems arise and to provide administrative advice for the proper conduct of your dealings with the Insolvency Service.

Dear insolvency practitioner (IP) letters

To access the Dear IP letters please click on the links below:

Letters 1 to 10

Dear IP letter 01 deals with:

  • Insolvency Service structure
  • the Cheques Act 1992
  • notices to be advertised in Belfast Gazette or newspaper

Dear IP letter 02 deals with:

  • applications made by Insolvency Practitioners to the Department of Economic Development in the Trustee/Liquidator Record Book (Form P1/L23)
  • the submission of annual accounts to the Insolvency Service by liquidators and trustees

Dear IP letter 03 deals with:

  • monies received by Insolvency Practitioners from the Department of Economic Development in respect of monies due to former employees
  • submission of trustee's final account following annulment of bankruptcy
  • destruction of records

Dear IP letter 04 deals with:

  • remuneration of liquidators and trustees
  • authorisation of Insolvency Practitioners by the Department of Economic Development - JIEB examinations
  • completion of Insolvency Account remittance forms (P50/L48)

Dear IP letter 05 deals with:

  • equisitioning of dividend cheques
  • submission of monthly bordereaux under the Insolvency Practitioners (Amendment) Regulations (Northern Ireland) 1993
  • additional categories of preferential debts
  • interest earned on funds held under the Industrial Relations (NI) Order 1976

Dear IP letter 06 deals with:

  • notice to be given to the Official Receiver and the Department of Economic Development in individual voluntary arrangements
  • lodgement of gross sale proceeds to the Insolvency Account following realisation of assets
  • Insolvency (No. 2) Act 1994
  • completion of Insolvency Account remittance forms (P50/L48)

Dear IP letter 07 deals with:

  • the Insolvency (Amendment) Rules (NI) 1995
  • the Insolvent Partnerships Order (NI) 1995

Dear IP letter 08 deals with:

  • Insolvency Regulations (NI) 1996
  • Insolvency (Deposits) (Amendment) Order (NI) 1996
  • Insolvency (Fees) (Amendment) Order (NI) 1996

Dear IP letter 09 deals with:

  • the Insolvency Regulations (NI) 1996 and the abolition of the requirement to submit an annual account of receipts and payments

Dear IP letter 10 deals with:

  • desk top monitoring
  • the trustee/liquidator record book
  • receipts and payments returns
  • monies due to former employees
  • VAT claims
  • fees and remuneration
  • changes of address, telephone/fax numbers, and so on
  • Inland Revenue - self assessment
  • company voluntary arrangements - notification of decisions of meetings
  • registration of individual voluntary arrangements

Letters 11 to 20

Dear IP letter 11 deals with:

  • matters arising from the fees workshop
  • desktop monitoring
  • disqualification forms (D1 and D2)

Dear IP letter 12 deals with:

  • advertising
  • fees and distributions
  • case closures
  • trustee in bankruptcy’s powers
  • submission of proof of debt and proxy forms by fax
  • unrealised assets
  • disqualification returns/reports
  • VAT claims
  • Insolvency Service structure

Dear IP letter 13 deals with:

  • available equity in dwelling houses
  • revised administrative system for reviewing the submission of disqualification reports and returns
  • proof of debt lists
  • accounts reminders
  • miscellaneous accounts matters

Dear IP letter 14 deals with:

  • functions carried out by the Department where there is no creditors’/liquidation committee including sanction to employ solicitors
  • release of office-holders
  • lodgement of monies to the insolvency account
  • provision of information to practitioners prior to formal appointment of office-holder
  • final accounts
  • Insolvency Service Charter and Published Standard
  • customer survey
  • miscellaneous

Dear IP letter 15 deals with:

  • Northern Ireland Audit Office review of the Insolvency Service
  • the Insolvency Service website
  • structural and management changes in the Insolvency Service
  • the Employment Rights (Increase of Limits Order) (NI) 2002
  • the coming into force of the EC Regulation on Insolvency Proceedings, a copy of which is enclosed

Dear IP letter 16 deals with:

  • voluntary arrangements: the effect of liquidation, bankruptcy or failure of the arrangement on the trusts established under a company voluntary arrangement or an individual voluntary arrangement
  • sanction applications: undervalue transactions; preferences; misfeasance and compromised claims
  • notification of unrealised assets to the Official Receiver on submission of final accounts
  • principles for monitoring of insolvency practitioners
  • update on new primary legislation
  • inclusion on Insolvency Service web-site
  • electronic mail

Dear IP letter 17 deals with:

  • the Company Directors Disqualification (Northern Ireland) Order 2002, which is coming into operation on 5 September 2003
  • the Insolvency (Northern Ireland) Order 2002 which is to come into operation later in 2003

Dear IP letter 18 deals with:

  • disqualification reports and returns
  • procedure on Disclosure of the D report or decision
  • reports to creditors’ meetings to be copied to Insolvency Service
  • addendum to Dear IP No. 17 concerning Northern Ireland Disqualification Orders having UK wide application
  • guide to Professional Conduct and Ethics
  • joint appointment of IP’s by the Department under Article 117 or 269 of the Insolvency (Northern Ireland) Order 1989
  • coming into operation of the Insolvency (Northern Ireland) Order 2002 and associated legislation
  • change of address, firm name and so on
  • notice of Intended dividend to ordinary creditors – winding up and bankruptcy
  • refunding petitioning creditor’s costs where the petitioning creditor was a Crown body
  • lodgement of cheques to the Insolvency Account – Insolvency Service must be named as payee
  • individual voluntary arrangements – time limits for making reports of the creditors meeting to the Court and the Department in compliance with Rules 5.25 and 5.27 of the Insolvency Rules (NI) 1991
  • winding up orders against insurance companies
  • Insolvency Issues Papers
  • need to check if inhibition has been registered
  • information to be given to the Insolvency Service when asking for fees determination at finalisation of cases where there will be enough money to pay creditors and bankruptcy expenses in full

Dear IP letter 19 deals with:

  • Insolvency (Northern Ireland) Order 2005
  • Bankruptcy (Financial Services and Markets Act 2000) Rules (Northern Ireland) 2005
  • Insurers (Winding- up) Rules (Northern Ireland) 2005
  • declining cases from the unrealised assets register
  • status of student loan debts in bankruptcy
  • payment of liquidation expenses and payment of preferential creditors where the companies have granted floating charges over their assets
  • tax on Bank of Ireland interest
  • interest payable to creditors
  • requests for payments of dividends

Dear IP letter 20 deals with:

  • Insolvency (Fees) Order (Northern Ireland) 2006 S.R. 2006 No. 54
  • Insolvency (Deposits) Order (Northern Ireland) 2006 S.R. 2006 No. 55
  • Insolvency Practitioners and Insolvency Account (Fees) Order (Northern Ireland) 2006 S.R. 2006 No. 53
  • Insolvency (Amendment) Rules (Northern Ireland) 2006 S.R. 2006 No. 47

Letters 21 to 30

Dear IP letter 21 deals with:

  • Insolvency (Northern Ireland) Order 2005
  • Insolvency (Northern Ireland) Order 2005 – Amendments to Insolvency Rules
  • Insolvency (Northern Ireland) Order 2005 – Secondary Legislation
  • corporate insolvency

Dear IP letter 22 deals with:

  • Amendments to Rules, Regulations and Fees Orders 2006
  • The Insolvency (Amendment) Rules (Northern Ireland) 2006 (S.R. 2006 No. 47)
  • The Insolvency (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 23)
  • The Insolvency (Fees) Order (Northern Ireland) 2006 (S.R. 2006 No. 54)
  • The Insolvency Practitioners and Insolvency Account (Fees) Order 2005 (Northern Ireland) 2006 (S.R. 2006 No. 53)
  • The Insolvency (Deposits) Order (Northern Ireland) 2006 (S.R. 2006 No 55)
  • The Insolvency Practitioners Regulations (Northern Ireland) 2006 (S.R. 2006 No. 33)

Dear IP letter 23 deals with:

  • Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1))

Dear IP letter 24 deals with:

  • dwelling house cases awaiting Court decision
  • an amendment to Article 159 of the Insolvency (Northern Ireland) Order 1989
  • remuneration where there is no Resolution - Rules 4.134A and 6.135A of the Insolvency Rules (Northern Ireland) 1991 (The Rules) and statement of Insolvency practice 9 (SIP)
  • rota appointments of trustee
  • VAT refund claims
  • maximum amount cases – final fees
  • directors disqualification
  • joint or interlocking individual voluntary arrangements,
  • Climate Change Agreements – hidden assets
  • Public Portal
  • payments by BACS
  • tips and hints

Dear IP letter 25 deals with:

  • Companies Act 2006
  • UNCITRAL CLOUT correspondent
  • EU Directive 2005/36: Recognition of Professional Qualifications
  • Money Laundering Regulations 2007
  • Pensions Act 2004
  • collection and preservation of company records
  • reporting of criminality to the Department
  • Transfer of Undertakings (Protection of Employment) Regulations 2006('TUPE') (SI 2006/246)
  • moving from administration to CVL – Gazette notices
  • release where bankruptcy is annulled
  • payment of a surplus in bankruptcy cases
  • Certificate of Appointment of Trustee / Liquidator
  • advertising of bankruptcy orders
  • bankrupt’s home
  • Inter-Relationship between Article 256A Rule 6.229 and Form 6.86
  • trustees and liquidators receipts and payments accounts
  • individual voluntary arrangements (IVA)-registrations
  • Public Portal – reminder
  • payments by BACS – reminder

Dear IP letter 26 deals with:

  • Insolvency (Amendment) Rules (Northern Ireland) 2008 – change To Rule 4.238
  • substantial property transactions involving directors
  • progress reports in an administration, following an extension
  • protective awards when a company is in liquidation
  • Commencement of Article 150ZA of the Insolvency (Northern Ireland) Order 1989 and the Insolvency (Amendment) Rules (Northern Ireland) S.R. 2008 No. 118
  • winding-up resolutions – changes made by the Companies act 2006
  • book debt proceeds subject to floating charge security being paid to and retained by banks
  • IVA Forum – straightforward consumer IVA protocol
  • floating charges and application of the prescribed part
  • Company Voluntary Arrangement (CVA) moratorium: changes to Companies Act 2006 “small” companies definition
  • new address for all VAT returns and payments
  • trustee / liquidator remuneration
  • repayment of deposit on debtors petition
  • IP portal
  • Insolvency (Voluntary Winding Up) (Forms) Regulations (Northern Ireland) 2008, S.R. 2008 No.261
  • your comments or suggestions

Dear IP letter 27 deals with:

  • assets tab – realisation of assets
  • VAT on Bond Premiums
  • proof of debt - EJO costs
  • Employment Rights (Increase of Limits) (Northern Ireland) Order
  • 2008
  • advance notification of redundancies (HR1 form)
  • Energy Performance of Buildings (Certificates and Inspections)
  • Regulations (Northern Ireland) 2008 (S.R. 2008/170)
  • IP Portal

Dear IP letter 28 deals with:

  • issue of Form 6.86 Notice in Dwelling House Cases
  • IP Portal – lodgements and payments
  • IP Portal – payment requisitions
  • final fees calculations
  • paragraph 2(b) of the Insolvency Rules 4.132 and 6.134
  • pre-packaged administrations and SIP 16
  • JIEB Examiner and moderator vacancies
  • attendance of liquidator at Article 84 meetings in a creditors voluntary
  • liquidation
  • amendments announced to Insolvency Fees Orders
  • summary of updated rates of fees and deposits
  • functions carried out by the Department where there is no creditors'
  • or liquidation committee (sanctions)
  • public portal – reminder

Dear IP letter 29 deals with:

  • EC Regulation on Insolvency Proceedings

Dear IP letter 30 deals with:

  • IP rota appointments in dwelling house cases
  • payments by BACS – reminder
  • reminder – IP Portal and payments
  • dividend cases
  • publication of insolvency guidance paper – ‘Dealing with complaints’
  • Provision of Services (Insolvency Practitioners) Regulations (Northern Ireland) 2009 (S.R. 2009 No. 401)
  • Insolvency Practitioners and Insolvency Account (Fees) (Amendment) (No.2) Order (Northern Ireland) 2009 (S.R. 2009 No. 402)
  • access to residential address information at Companies House
  • Companies (Trading Disclosures) (Amendment) Regulations 2009 (S.I.2009/218) 

Letters 31 to 40

Dear IP letter 31 deals with:

  • Registrar of Companies
  • Insolvency practitioner portal - recommendations by the Northern
  • Ireland Audit Office: realisation of assets, lodgements and payments, payment requisitions, calculation of liquidator's fee
  • Insolvency (Amendment) Rules (Northern Ireland) 2009 (S.R.2009 No. 404)
  • insolvency practitioner’s fee calculations on OR's scale
  • Companies House – issues relating to insolvency documentation

Dear IP letter 32 deals with:

  • notice of intention to appoint an administrator
  • consulting with employees facing redundancy
  • dwelling houses in IVA cases
  • functions carried out by the Department where there is no
  • creditors' or liquidation committee (sanctions)
  • trading-on sanctions
  • Companies House – Northern Ireland insolvency issues
  • management of cases – handy hints (please see attached guidance
  • at the end of the document)

Dear IP letter 33 deals with:

  • increase in insolvency fees
  • report following final meeting in voluntary liquidation (members’ and creditors’ voluntary liquidation)
  • monies paid into the Insolvency Account exempt from the Department’s administration fee
  • IP Portal – assets and creditors tabs
  • payments to insolvency practitioners for fees and expenses
  • funds lodged electronically to the Insolvency Account
  • notes on BABS

Dear IP letter 34 deals with:

  • an updated "Handy Hints" relating to the management of cases and sanctions both previously dealt with in Dear IP 32 issued 20 July 2011

Dear IP letter 35 deals with:

  • IP Portal – payments to creditors
  • dwelling house delay cases – O’Brien judgement dated 19 April 2012
  • notice of intended dividend to ordinary creditors
  • final meeting of creditors
  • Companies House - notifications to the Registrar of Companies
  • Companies House - notice of appointment, or cessation, of receiver or manager (for England and Wales companies and Northern Ireland companies only)
  • in which part of the UK should insolvency proceedings be taken

Dear IP letter 36 deals with:

  • change to the statutory limit
  • SIP 16 Statements
  • IP Portal
  • trustee’s / liquidator’s report
  • Companies House - review of cases where a company moves from administration to creditors’ voluntary liquidation (CVL)

Dear IP letter 37 deals with:

  • European Community Liquidation and Insolvency Register (ECLAIR)
  • change of banking provider for the Insolvency Service
  • draft set of consolidated Insolvency Rules
  • replacement of Insolvency Service ICT application (BABS)
  • family home re-vested automatically but bankrupt, land registry and other parties not formally notified
  • SIP 16 (NI) pre-packaged sales in administrations
  • sanction applications
  • Official Receiver’s rota
  • recent managerial changes in the insolvency service

Dear IP letter 38 deals with:

  • director misconduct relating to miscellaneous statutory duties
  • DX and HMRC
  • anti- money laundering issues stemming from situation in Ukraine
  • Employment Rights (Increase of Limits) (Northern Ireland) Order 2014
  • changes to the consumer credit regime from 1 April 2014
  • sanction applications
  • Individual Voluntary Arrangements (IVAs) registration
  • revised SIP 3 – IVAs, CVAs and Trust Deeds
  • monies paid into the Insolvency Account exempt from the Department’s administration fee
  • IP rota appointment in dwelling house cases – change in equity threshold
  • SIP 16 reports and pre-pack administration
  • Individual Voluntary Arrangements – Rule 5.33
  • update to the IVA protocol for use on or after 2 January 2014
  • IP remuneration

Dear IP letter 39 deals with:

  • update on the Insolvency (Amendment) Bill
  • the provision of consumer credit advice and related regulated activities
  • SIP 16 (NI) pre-packaged sales in administrations
  • sanction applications
  • IP case offers from rota
  • SIP 16 consultation
  • cashier mailbox
  • re-ordering of lodgement books

Dear IP letter 40 deals with:-

  • Programme for bringing in legislative provision for Northern Ireland
  • Targeting of Disqualification Reports for Investigation.
  • Sanction Applications
  • Individual Voluntary Arrangements (IVAs) Registrations
  • Individual Voluntary Arrangements (IVAs) – Change in Supervisor
  • Bankruptcies and Liquidations – Change in Trustee/Liquidator
  • Disclaimer Notifications to Land & Property Services  

Letters 41 to 50

Dear IP letter 41 deals with:-

  • Small Business, Enterprise and Employment Act 2015

Dear IP letter 42 deals with:

  • Pre-pack Administrations and SIP 16
  • Insolvency Service - Online Debtors Petition
  • VAT Refunds
  • Descriptions on IP Remuneration Payment Requests
  • Third Party Monies

Dear IP letter 43 deals with:

  • Pre-pack Pool – Reminder About SIP 16 Requirements
  • Update on Replacement of ICT System - Insolvency Service Application for Administering Cases (ISAAC)
  • IVAs

Dear IP letter 44 deals with:

  • Request for Insolvency Deposits to be paid On-line
  • Payments from the Insolvency Account
  • Advertising
  • IP Lodgement Books
  • Amendment to IVA Article published in Dear IP 43
  • Update on Replacement of ICT System – Insolvency Service Application for Administering Cases (ISSAC)

Dear IP Letter 45 deals with:

  • Third Party Monies and the Insolvency Account
  • The recast Insolvency Regulations (EU 2015/848)
  • EC Insolvency Regulation: filing with Companies House
  • VAT Refunds – amendment to article in Dear IP 42
  • Monies paid into the Insolvency Account exempt from the Department’s Administration Fee

Dear IP Letter 46 deals with:

  • Re-vesting Family Homes – Completion of Forms
  • General Data Protection Regulation (GDPR)
  • Completion or Termination of IVAs
  • Receipts and Payments Accounts

Dear IP Letter 47 covers:

  • EU Exit statutory instrument ("No Deal"): The Insolvency (Amendment)(EU Exit) Regulations 2018

Dear IP Letter 48 covers:

  • EU Exit instruments
  • Update on Replacement of ICT System – ISAAC
  • IPs to Upload PODs Received

 

Back to top