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

Dear IP Letter 49 covers:

Corporate Insolvency and Governance Act 2020

Dear IP Letter 50 covers:

Articles in Part 1A of the Insolvency (Northern Ireland) Order 1989 and Related Paragraphs in Part 3 of Schedule 8 to the Corporate Insolvency and Governance Act 2020

Letters 51 and 52

Dear IP Letter 51 covers:

Changes to the IP Portal

Dear IP Letter 52 covers:

General Data Protection Regulation (GDPR)

Letters 53, 54 and 55

Dear IP Letter 53 covers:

UK sanctions against Russia

Dear IP Letter 54 covers:

Consultation on the adoption of two UNCITRAL Model Laws

Dear IP Letter 55 covers:

Notice of Change of Banking Provider
IP Survey 2022 – Fees/ISAAC IP Portal User Guidelines

Dear IP Letter 56 deals with:

family home re-vested automatically but bankrupt, Land Registry and other parties not formally notified
disclaimer notifications to Land & Property Services
revised SIP 3.1 (Individual Voluntary Arrangements) and Volume IVA provider monitoring guidance published (Dear Insolvency Practitioner Issue 156 – Insolvency Service England and Wales)