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Pensions, InsolvencyDecember 2021

Connected and Associated: Insolvency and Pensions Law

We are delighted to announce that David Pollard‘s new book: Connected and Associated: Insolvency and Pensions Law has just been published by Bloomsbury Professional.
It discusses, in detail, the meaning and scope of the ‘connected’, ‘associated’ and ‘control’ tests used in the Insolvency Act 1986, in sections 249 and 435. These are important tests for insolvency law and in pensions law (they are incorporated by reference in pensions legislation). It also looks at the linked ‘connected person’ test used in the new Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021.

The test are complex. They are important, for instance in defining the scope of who can be a target of a moral hazard order from the Pension Regulator.
Connected and Associated: Insolvency and Pensions Law aims to help to:

  • Decide whether a person is connected or associated with another under the insolvency test for the purposes of preferences, transactions at an undervalue, or voting in creditor meetings
  • Decide whether there is a risk of falling within the potential target net for a contribution notice or financial support direction under the moral hazard powers of the Pensions Regulator in the Pensions Act 2004
  • Check whether an investment by a pension scheme is within the limits on employer-related investment under the Pensions Act 1995
  • Work out when a disposal by an administrator will be to a ‘connected person’ under the new 2021 Administration Disposal regulations
  • Work out who satisfies the independence test for an evaluator
  • Deal with connected person voting majorities in a creditor vote in a CVA and a Part A1 Moratorium

This is the only in-depth review of the complex test for connected or associated persons and, as such, is an essential title for insolvency and pension lawyers, litigators, pension trustees, employers, investors, lenders and their advisers.

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