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    FSA supports SIPP winding-up
    2009-10-16

    FSA supported HMRC in its action to wind up The Freedom SIPP, a SIPP operator. It believed this was appropriate to fulfil its consumer protection objective.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Dentons, Consumer protection, Liquidation, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    Dentons
    Lender strategy in light of new pension priorities
    2009-06-04

    Recent changes to the Bankruptcy and Insolvency Act have given certain unpaid pension plan contributions priority over a lender’s security if the employer is bankrupt or in receivership. How can a lender monitor the debtor’s pension arrears to assess the extent of the lender’s loss of priority?

    The Bankruptcy and Insolvency Act now provides that certain unpaid pension plan claims rank ahead of a lender’s security in bankruptcy or receivership proceedings. Effective July 7, 2008, sections 81.5 and 81.6 give super-priority status to:

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Dentons, Bankruptcy, Debtor, Liability (financial accounting), Defined benefit pension plan, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Dentons
    RRSPs in British Columbia receives legislative protection from creditors
    2008-12-23

    The British Columbia Provincial government recently passed the Economic Incentive and Stabilization Statutes Amendment Act, 2008 (the “Act”). The Act was aimed at protecting RRSPs to afford self-employed individuals the same protection from creditors as those individuals who have planned for their retirement through a registered pension plan.

    To achieve this purpose, the Act amends a number of statutes in British Columbia.

    Filed under:
    Canada, British Columbia, Employee Benefits & Pensions, Insolvency & Restructuring, Dentons, Tax exemption, Ex post facto law, Debt, Retirement
    Location:
    Canada
    Firm:
    Dentons
    US court considers Pensions Regulator's powers
    2008-11-06

    The US Court has approved a bankruptcy settlement under which a US-listed parent company is liable for the buy-out deficits in its UK subsidiary's pension schemes. Key to the court's considerations was the issue of Financial Support Directions (FSDs) by the UK Pensions Regulator against the US parent company.

    The court decided that:

    Filed under:
    United Kingdom, USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Debt, Parent company, Buyout, The Pensions Regulator
    Location:
    United Kingdom, USA
    Firm:
    Dentons
    Effect of a debtor’s pension plan liabilities and pension plan deficit on its secured lenders
    2008-10-14

    Prudent lenders should monitor their corporate debtors’ pension plan liabilities and pension plan deficits because they may have a significant impact on the priority of the lender’s security and on the amount the lender will recover if the lender enforces its security.

    Priority with respect to Lender’s Security

    Filed under:
    Canada, Banking, Employee Benefits & Pensions, Insolvency & Restructuring, Dentons, Bankruptcy, Debtor, Trade union, Debt, Liability (financial accounting), Liquidation, Defined benefit pension plan, Bankruptcy and Insolvency Act 1985 (Canada), Bank Act 1991 (Canada)
    Location:
    Canada
    Firm:
    Dentons
    Can the official assignee pocket pensions?
    2012-06-29

    In Raithatha v Williamson [2012] EWHC 090 Ch, the English High Court was asked to decide whether a bankrupt’s entitlement to a pension, which he had not yet elected to receive, should be subject to an order for income payment.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Buddle Findlay, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Insolvency of pension scheme in the UK
    2011-12-19

    The Pensions Regulator (the PR) is a non-departmental public body in the United Kingdom entrusted with powers designed to protect the benefits of members of work-based pension schemes. Where an employer is insufficiently resourced – a technical term meaning that it lacks sufficient assets to meet 50 per cent of the estimated debt of the pension scheme – the PR may issue a financial support direction (FSD) requiring another employer or an individual or company associated with the employer to put in place financial support for the scheme.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Buddle Findlay, The Pensions Regulator
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    What is Changing in the Pensions Insolvency World? Introducing the Corporate Insolvency and Governance Act 2020
    2020-07-23

    The Corporate Insolvency and Governance Act 2020 is far-reaching with its implications extending to pension schemes. Pension scheme employers and trustees should ensure that they are familiar with the provisions of the Act, and the potential impact that they could have on schemes, employers and savers.

    Introduction

    The Act received royal assent on Thursday 25 June. The Act passed through Parliament very quickly, so that its provisions can be used by companies experiencing financial difficulty as a result of the COVID-19 pandemic. The Act contains:

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Mayer Brown, Corporate governance, Coronavirus, Pension Protection Fund
    Authors:
    Devi Shah , Nicola Collins
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    The UK Corporate Insolvency and Governance Act 2020 (“CIGA”) from a Pensions Perspective
    2020-07-17

    On 25 June 2020, the Corporate Insolvency and Governance Bill (the “Bill”) received Royal Assent and on 26 June 2020 CIGA came into force. The restructuring team in Mayer Brown’s London office has previously commented on the different elements of the Bill in a series of blog posts and podcasts.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Mayer Brown, Coronavirus, Pension Protection Fund
    Authors:
    Devi Shah , Nicola Collins , Jay Doraisamy , Beth Brown
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Guide to Doing Business in Brazil
    2016-11-24

    The Federative Republic of Brazil is the largest country in South America and the world’s fifth largest country, both by land mass (almost 8.6 million square kilometers) and population (more than 200 million people). It is the only lusophone (Portuguese-speaking) country in otherwise Spanish-speaking Latin America and the largest lusophone country in the world. Brazil is a member of the G20, and one of the BRICS countries, along with Russia, India, China and South Africa. The country’s Constitution serves as the foundation of the Brazilian legal framework and sets forth fundamental rights.

    Filed under:
    Brazil, Arbitration & ADR, Capital Markets, Company & Commercial, Competition & Antitrust, Employee Benefits & Pensions, Employment & Labor, Environment & Climate Change, Insolvency & Restructuring, Intellectual Property, Real Estate, Tax, White Collar Crime, Mayer Brown
    Location:
    Brazil

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