Key Considerations for Insolvency Office Holders

Providing clear information at an early stage will help your legal advisers assess the issues, identify any urgent action and develop an appropriate strategy for the appointment.

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Below are some of the points a solicitor may wish to discuss when responding to your enquiry. It can help if you prepare the relevant information so that your initial conversation is more productive.

  • The Appointment and Insolvency Procedure – Provide details of the relevant insolvency procedure, the date and basis of the appointment, and the identity of the office holders.
  • Immediate Risks and Priorities – Consider whether any urgent steps are needed to protect the estate or preserve value.
  • Company and Financial Records – Make available the relevant financial and corporate information, where possible.
  • Assets and Security – Provide an overview of the known assets and any security registered against them.
  • Creditors and Stakeholders – Identify the principal creditors and stakeholders involved in the appointment, together with any disputes concerning the value, validity or priority of their claims.
  • Potential Investigations and Claims – Consider whether there are transactions, payments or conduct that may require further investigation.
  • Existing or Potential Litigation – Provide details of any ongoing court proceedings, threatened claims, judgments, enforcement action or disputes involving the insolvent estate.
  • Funding and Costs – Consider how legal work, investigations and potential litigation will be funded.
  • The Objectives of the Appointment – Explain the principal objectives and priorities for the appointment and any commitments that may require immediate attention.

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