Practising as an IP under EU directives
I wish to practice as an insolvency practitioner under the provisions of EU Directives 2005/36 & 2006/123.
What is meant by the term Insolvency Practitioner
Insolvency practitioner is the term used to identify professionals who act in relation to a company as a liquidator , provisional liquidator, administrator, administrative receiver or, where a voluntary arrangement has been proposed or approved in relation to a company, the nominee or supervisor.
Such term also applies to professionals who act in relation to an individual acting as their trustee in bankruptcy, interim receiver of their property, permanent or interim trustee in the sequestration of their estate, as trustee under a deed of arrangement made for the benefit of their creditors or, in Scotland a trust deed for their creditors, or where a voluntary arrangement has been proposed or approved in relation to an individual as nominee or supervisor. In the case of a deceased individual against whose estate an order for administration has been made under the provisions of the Administration of Insolvent Estates of Deceased Persons Order 1986 (SI 1986 No. 1999) the administrator is also required to be an authorised insolvency practitioner.
In the context of insolvency practitioners EU Directive 2005/36 provides that practitioners who have acquired professional qualifications in one relevant state (members of EEA & Switzerland) shall have access to that profession in the other relevant states. In practical terms an applicant from a relevant state, who wishes to become established in another state (the host state), will be able to apply for authorisation to a competent authority and that authority will be required to recognise equivalent professional qualifications obtained in the applicant’s home state or other relevant state where he is authorised to act in that state.
The European Communities (Recognition of Professional Qualifications) Regulations 2007 SI 2781 /2007 implement in part EU Directive 2005/36.
The Provision of Services Regulations (SI 2009 No. 2999) LINK http://www.opsi.gov.uk/si/si2009/uksi_20092999_en_1 and the Provision of Services ( Insolvency Practitioner) Regulations (SI 2009 No. 3081) LINK http://www.opsi.gov.uk/si/si2009/uksi_20093081_en_1 implement
The Provision of Services Directive 2006/123
http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_376/l_37620061227en00360068.pdf
That Directive seeks to remove barriers to service providers setting up business in other EU states and is subject to the provisions of EU Directive 2005/36.
The Insolvency Service has jurisdiction to authorise insolvency practitioners who wish to provide services primarily in Great Britain (GB), that is England, Wales & Scotland. Applicants who wish to provide services by acting as an office holder in Northern Ireland should refer their enquiries to The Department of Enterprise, Trade & Investment.
I wish to apply for registration to act as an insolvency practitioner in GB on a temporary or occasional basis.
I wish to become established as an insolvency practitioner in GB
I am an authorised insolvency practitioner within UK and require information about the provision of services in other European states.
