how ot become an uk insolvency lawyer

by Dr. Dino Gulgowski 6 min read

The Joint Insolvency Examination Board (JIEB) – This is the qualification you must pass in order to become a licensed insolvency practitioner. It is made up of three separate exams and designed to be taken by experienced professionals. It’s known as being extremely difficult, but once gained the rewards make the many hours studying all worthwhile.

Full Answer

What do you need to know about UK insolvency law?

Any person who engages in insolvency practice under the Insolvency Act 1986 or Insolvency (Northern Ireland) Order 1989 is required to be authorised for such work by a Recognised Professional Body (RPB).

How do I become an insolvency practitioner?

Apr 14, 2020 ¡ In that case, here are some steps you can take: 1. CPI Exam The CPI (Certificate of Proficiency in Insolvency) covers all areas of insolvency. No prior experience or specific qualifications are needed to take the exam. The courses introduce you to the work of insolvency practitioners. 2. CPPI Exam

What is the difference between UK bankruptcy and insolvency law?

Having a minimum of 600 hours of work, experienced in an authorised insolvency practice, over the past three years.You can get this experience by being an insolvency administrator which is basically running cases, liaising with directors/individuals and creditors and compiling reports.Examples of jobs can be shown herehttps://www.indeed.co.uk/Insolvency …

Can you become an insolvency solicitor with an LPC and law degree?

Oct 23, 2018 · Law Degree Graduates – the Traditional Route to Becoming a Solicitor in the UK. Wherever they wish to become a UK lawyer, most people start their journey by obtaining a university law degree (LLB). This is known as the Qualifying Law Degree (QLD), which can be completed in one of the 100+ institutions offering this degree in the UK.

image

How do I become a insolvency lawyer?

In order to become a Bankruptcy Lawyer, you will have to complete a bachelor or masters degree in law. The average course fee of a UG degree in law is around Rs. 1.5 lakhs per annum and that of a masters degree is Rs. 2 lakhs per annum.Sep 9, 2020

How do I become an insolvency practitioner UK?

To become a licensed insolvency practitioner, you must first pass the Joint Insolvency Examination Board (JIEB) exams. On passing the JIEB exam, you can apply to become an ICAEW insolvency licence holder and have access to up-to-date information, advice and guidance.

Is insolvency a good career path?

In fact, most Insolvency professionals admit it's a career that they 'fell into' rather than actively pursued. However, it is still one of the highest regarded routes for Finance professionals as well as a popular option for law graduates.

Can a solicitor be an insolvency practitioner?

Licensed insolvency practitioners in the UK are often either chartered accountants, lawyers or solicitors working within an accountancy or law firm. They must have: passed the JIEB insolvency examinations.Mar 28, 2022

What is the JIEB exam?

The JIEB exam is a practical exam and tests the knowledge and skills that insolvency practitioners use in their working lives. You can see what was tested in recent years by looking at the past papers.

How hard is JIEB?

The JIEB is renowned for its difficulty, and the low pass rates of those sitting it for the first time reflect that. It is hard enough for those already working in the insolvency industry, and involves sacrificing 12 months of your life while you undertake 'the journey'.Jul 22, 2019

What is an insolvency practitioner UK?

An Insolvency Practitioner (IP) is someone who is licensed and authorised to act in relation to an insolvent individual, partnership or company. Most IPs are accountants or insolvency specialists working in firms of accountants.

What is insolvency accountant?

Insolvency accountants are often recruited by banks to assist investigations and lending decisions. The commercial aspects of running insolvency proceedings are also often in demand in corporate finance roles. You could specialise in formal insolvency, personal insolvency, or turnaround situations.

What makes you interested in a career in insolvency?

Fundamentally, if you want a career in insolvency you must have a desire to help people in difficult situations. Whether their problems are of their own making or of someone else's, if you feel that you want to make a bad situation better, then insolvency could be for you.

How many insolvency practitioners are there in the UK?

There are approximately 1,600 licensed insolvency practitioners in the UK, supported by thousands of colleagues. The profession is a key part of the UK's insolvency and restructuring framework, which is ranked as one of the best in the world by the World Bank.

Can an accountant liquidate a company?

Your accountant can support you in closing down your company using the informal voluntary strike-off process - by completing the necessary paperwork and meeting all the accountancy requirements, for example.Jun 30, 2021

Who appoints insolvency practitioner?

In voluntary liquidations, an insolvency practitioner is appointed by a company's directors or creditors to act on their behalf. However, if a company has been petitioned by a creditor and wound up by the court, it is the official receiver who must assume this role.Jan 26, 2022

Who can become an Insolvency Practitioner (IP)?

Under UK law anyone who wants to act as an IP must hold a licence issued by an RPB. There are strict rules for becoming an IP.

How to become an ICAS IP?

ICAS is able to authorise not only ICAS CA members but also others who are not members. Non-members are called Affiliates. Therefore, if you work in the insolvency sector, but are not a CA you can still apply to ICAS and become authorised by ICAS as an Insolvency Practitioner.

What happens once I have my insolvency licence?

Congratulations on becoming an ICAS IP. As an authorised insolvency practitioner with ICAS, you will be required to comply with the ICAS Rules and Regulations . An important obligation is the requirement to notify us of any changes in respect of the information provided by you. The other main obligations which will affect you are:

How do I renew my licence each year?

IPs are able to submit their annual Insolvency Practitioner application online via the Insolvency Practitioner application form.

Who to contact if you need further information?

If you wish to discuss further obtaining your insolvency licence with ICAS then please contact David Menzies, Director of Practice or call him on 0131 347 0242.

What is a CPI?

The CPI (Certificate of Proficiency in Insolvency) covers all areas of insolvency. No prior experience or specific qualifications are needed to take the exam. The courses introduce you to the work of insolvency practitioners.

Is IP a career?

Becoming an insolvency practitioner (IP) isn’t a career path that most people consider pursuing, even though it could be a popular and lucrative profession for graduates. That might be because not a lot of people know much about this industry and the role an IP plays. So, let’s look into some related terms first, then we will discuss the possible ways of becoming a successful insolvency practitioner.

Is a background in finance required for CPCI?

For the widely recognized CPCI (Certificate of Proficiency in Corporate Insolvency), a background in finances or law is helpful, but it’s not necessary. This exam could be your first step toward pursuing this career.

What is JIEB exam?

Preparing students for the challenging work of an insolvency practitioner, the JIEB exams have been developed so that successful students can demonstrate in-depth industry expertise and an extensive range of skills.

Is insolvency regulated under the Insolvency Act?

Insolvency work carried out under the Insolvency Act 1986 is regulated - for example, acting as a liquidator or an administrator for a company, acting as a trustee in bankruptcy or acting as a supervisor of a voluntary arrangement. Only an insolvency practitioner can undertake these roles.

What are the legal systems in the UK?

No. Scotland and Northern Ireland have their own legal system and courts. England and Wales share a legal jurisdiction and courts. If you want to become a lawyer in the UK, you should be aware that there is no ‘UK judicial system’ or ‘UK lawyer’. Each jurisdiction has its own distinct: 1 Civil and criminal courts and procedures; 2 Accepted professional titles; and 3 Regulatory bodies: Solicitors Regulation Authority (SRA) and Bar Standards Board (BSB) in England and Wales, the Law Society of Northern Ireland, and the Law Society of Scotland.

What is the capital of the UK?

The United Kingdom is a sovereign state consisting of four countries—England, Scotland, Wales and Northern Ireland. The capital of the UK is London, England, where the UK government sits. London is a global financial centre and home to the largest law firms in the world.

How to become a lawyer in the UK?

One of the ways to become a lawyer in the UK is to become a barrister. A barrister must first complete Academic Training—meaning a law degree or an unrelated degree followed by a conversion course (or Graduate Diploma in Law). Instead of training in a law firm like a solicitor, a barrister candidate will take the Bar Course Aptitude Test (BCAT) ...

Which country has the highest court of appeal?

The Supreme Court of the United Kingdom is the highest court of appeal in England and Wales and Northern Ireland, as well as in civil (but not criminal) cases in Scotland. Each jurisdiction, therefore, has its own legal system and professional titles.

Does Scotland have a legal system?

No. Scotland and Northern Ireland have their own legal system and courts. England and Wales share a legal jurisdiction and courts. If you want to become a lawyer in the UK, you should be aware that there is no ‘UK judicial system’ or ‘UK lawyer’. Each jurisdiction has its own distinct:

What is the SRA in England?

Regulatory bodies: Solicitors Regulation Authority (SRA) and Bar Standards Board (BSB) in England and Wales, the Law Society of Northern Ireland, and the Law Society of Scotland. The exception to this rule is the Supreme Court in London.

How long can a lawyer practice in England?

Lawyers who have practised UK law for less than three years may also apply, provided they are registered with the Law Society and have pursued a professional activity in the UK for at least three years.

What is a restructuring lawyer?

Restructuring and insolvency lawyers act for clients (either individuals or companies) in financial difficulties. Restructuring is usually the first stage in the process of agreeing a way forward with creditors in order to manage repayment of the debt, without the client becoming insolvent.

What is an insolvency lawyer?

As an insolvency lawyer, you may be acting for either debtors or creditors, but the work will be contentious. Insolvency lawyers are engaged in all stages of the insolvency process , from negotiating company voluntary arrangements, to administration and receivership.

What is UNCITRAL in bankruptcy?

The United Nations Commission on International TradeLaw (UNCITRAL) Model Law has been adopted in theUK under the Cross-Border Insolvency Regulations2006 (2006 Regulations) and in the US as Chapter 15of the Bankruptcy Code. In the UK, if there is a conflictbetween the 2006 Regulations and the EU InsolvencyRegulation, the EU Insolvency Regulation will prevail.In the UK, if foreign proceedings are recognised asmain proceedings, an automatic stay will apply tocertain types of creditor action against the debtor’sassets and the transfer or disposal of the debtor’sassets in the UK. Discretionary relief may also begranted to protect the debtor’s assets in the UK orcreditors’ interests.

What is Chapter 7 liquidation?

A liquidator is appointed to take control of thecompany and to collect, realise and distribute its assets.Compulsory liquidation is liquidation by order of thecourt and is the only method by which a creditor caninitiate liquidation. Creditors’ voluntary liquidations(insolvent) and members’ voluntary liquidations(solvent) are also possible but require shareholderapproval. Once the liquidation has been completed, thecompany is dissolved.

What is the focus of the Insolvency Act of 1986?

Since the Insolvency Act of 1986, the focus of reforms in corporate insolvency law has increasingly been on the avoidance of corporate failure and improvement of the rescue culture.

When did the UK insolvency act change?

As briefly mentioned before in chapter one; the dramatic changes to the UK insolvency law did not take place until the 1980s. This is when the Insolvency Act 1986 was enacted under the recommendation of the Cork Committee. The Cork Committee, which was established in 1977, made a very comprehensive review of the existing insolvency law and as a result recommended two corporate rescue regimes; these are company voluntary acts and administration and represented the first formal procedures of rescue culture in the UK

What is chapter 4?

Chapter four is a combination of the law and practice. In a way it is a chapter that exposes the gaps found in the laws governing corporate rescue in the economic situation which the UK is facing at present. In this chapter the criticisms from the literature review are brought forward.

What is the Cork Committee?

The Cork Committee, which was established in 1977, made a very comprehensive review of the existing insolvency law and as a result recommended two corporate rescue regimes; these are company voluntary acts and administration and represented the first formal procedures of rescue culture in the UK.

What is the London approach?

A typical model of the informal rescue arrangements was the “London Approach” which was first created and promoted by the Bank of England in the mid 1970’s. This procedure has played a significant role in contributing to corporate recovery outside formal insolvency proceedings.

When did the Enterprise Act come into force?

The provisions of the Enterprise Act 2002 on corporate insolvency came to force on the 15th September 2003. These provisions brought about major changes to the corporate insolvency regime that was introduced by the Insolvency Act 1986.

Is the scheme of arrangement a specialist insolvency procedure?

The scheme of arrangement procedure is not a specialist insolvency procedure as such but has still been used to carry out many company restructurings. The procedure can be found in Part 26 of the Companies Act 2006 and has a very lengthy history which can be traced as far back as the late 19th century.

What are the changes to the insolvency rules?

In an attempt to modernise insolvency rules in the UK, on 6 April 2017 The Insolvency Service rolled out extensive changes to the insolvency industry in England and Wales. The updated rules (called the Insolvency Rules (England and Wales) 2016) replaced the Insolvency Rules 1986 and all their 28 subsequent amendments. The changes were developed by working with insolvency professionals and have been approved by the Insolvency Rules Committee. Some of the more notable changes in modernising the laws have been made to reflect modern business practices and make the insolvency process more efficient. Some notable changes include: 1 The use of electronic communications to all creditors 2 Removing the requirement to hold physical creditors meetings (Creditors can still request meetings) 3 Creditors can opt out of further correspondence 4 Small dividends are paid by the office holder without requiring creditors to raise a formal claim.

What is pre-packaged insolvency?

Pre-packaged insolvency. Sovereign default. Subordination. v. t. e. United Kingdom insolvency law regulates companies in the United Kingdom which are unable to repay their debts. While UK bankruptcy law concerns the rules for natural persons, the term insolvency is generally used for companies formed under the Companies Act 2006.

How long can a company's directors be disqualified?

As recommended by the Cork Report, the Company Directors' Disqualification Act 1986 meant directors who breached company law duties or committed fraud could be prevented from working as directors for up to 15 years. The Insolvency Act 1986 section 214 created liability for wrongful trading.

When did the Insolvency Service change?

In an attempt to modernise insolvency rules in the UK, on 6 April 2017 The Insolvency Service rolled out extensive changes to the insolvency industry in England and Wales. The updated rules (called the Insolvency Rules (England and Wales) 2016) replaced the Insolvency Rules 1986 and all their 28 subsequent amendments.

Can creditors take a security interest in a company?

First, the law permits creditors making contracts with a company before insolvency to take a security interest over a company's property. If the security refers to some specific asset, the holder of this "fixed charge" may take the asset away free from anybody else's interest to satisfy the debt.

What is the meaning of insolvency?

The meaning of insolvency is simply an inability to repay debts, although the law isolates two main further meanings.

What is the meaning of "wound up"?

The concept is embodied in the Insolvency Act 1986 section 122 (1) (f) which states that a court may grant a petition for a company to be wound-up if "the company is unable to pay its debts". This general phrase is, however, given particular definitions depending on the rules for which insolvency is relevant.

image

No Training Contract?

  • It is a little known fact that many insolvency professionals have ended up there as a result of either completing a law degree and the LPC, but then failing to get a training contract. It’s actually a really common trait in the insolvency world due to the ever-decreasing opportunities to gain a t…
See more on allaboutlaw.co.uk

Insolvency Is Law based…

  • Insolvency is still law based, as insolvency professionals are governed by the Insolvency Act 1986, the Companies Act 2006 and many a guideline or statutory procedure. Therefore, a large majority of the role of an insolvency professional involves law based skills. Insolvency also involves preparing basic accounts, together with reviewing the records of the businesses and individuals …
See more on allaboutlaw.co.uk

What Insolvency Qualifications Can I Study?

  • Aside from starter courses, there are two main qualifications. These are: The Certificate of Proficiency in Insolvency (CPI)– This is the qualification new professionals to the insolvency industry usually take (and some experienced professionals looking to push on to the next level). Its complexity is no more difficult than a degree. You sit one exam, partly made up of multiple ch…
See more on allaboutlaw.co.uk

About The Jieb Exams

  • Preparing students for the challenging work of an insolvency practitioner, the JIEB exams have been developed so that successful students can demonstrate in-depth industry expertise and an extensive range of skills. The JIEB exams are held once a year, usually in November. From the 2018 sitting onwards there will be two papers: 1. Corporate insolvency 2. Personal insolvency T…
See more on icaew.com

ICAEW Supports The Joint Insolvency Examination Board

  • As the largest Recognised Professional Body, ICAEW is fully supportive of the Joint Insolvency Examination Board and the dedicated professionals who serve on its Board.
See more on icaew.com

Registering For The Exams

  • To take the exams you must first register with one of the recognised professional bodies. You don't have to be an ICAEW member to register to take the JIEB exams via ICAEW. If you register with us you'll receive free membership of the Restructuring & InsolvencyCommunity. If you'd like to register with ICAEW you'll be required to pay a registration ...
See more on icaew.com