The Compendium

A Comprehensive Companion for All in the Insolvency and Restructuring Profession

Qualifying Liabilities

Once an Administrator has adopted the contracts of employees in the Administration, this is only in respect of ‘qualifying liabilities’, which are straightforward (post-appointment) wages and salaries, sick pay, holiday pay and occupational pension scheme.

These are payable as an Administration expense, where employment contracts are adopted by the Administrator.

[See ‘Administration’ and ‘Adoption of Contracts’.]

Qualifying Workplace Pension Scheme

Under the Pensions Act 2008, starting from October 2012 employers must offer a ‘qualifying workplace pension scheme’ to their workers, and automatically enrol all eligible workers into that scheme. A ‘qualifying’ scheme is one that meets the Government’s standards.

Quorate

In order for meetings to be legally valid there must be a ‘quorum’ of those in attendance. A quorum is the minimum number of attendees at a meeting to ensure it is legally established.

When this number is in attendance the meeting will be said to be ‘quorate’.

[See ‘Quorum’.]

Quorum

In order for meetings to be legally valid there must be a ‘quorum’ of those in attendance. A quorum is the minimum number of attendees at a meeting to ensure it is legally established. When this number is in attendance the meeting will be said to be ‘quorate’.

If the quorum is not in attendance any resolutions passed at that meeting will be invalid. The quorum in the Model set of Articles of Association for the establishment of a General Meeting of shareholders/members is two. If a company has only one shareholder/member it will need to change its Articles to reduce