The Compendium

A Comprehensive Companion for All in the Insolvency and Restructuring Profession

The exam has a wide syllabus, incorporating both corporate and personal insolvency and its assessment can be taken at any time, following study towards the end test.

NTI run wholly flexible and supported study courses for the CII. See details on enquiries@nti.co.uk

[See ‘Insolvency Practitioners’ Association’, ‘IPA’, ‘Institute of Chartered Accountants of England and Wales’ and ‘ICAEW’.]

Certificate of Appointment

Whenever an Insolvency Practitioner is appointed in an insolvency or restructuring matter (for example, as a Liquidator), the company must provide a certificate of appointment to them as soon as reasonably practicable; authenticated and dated by the chair of the meeting, a director of the company or the company secretary. The officeholder must also consent to act.

In a Liquidation the appointment of the officeholder appointment must be certified by:

(a) the convener or chair of the decision procedure or deemed consent procedure; or
(b) in respect of an appointment by the company the chair of the company meeting or a director or the secretary of the company (in the case of a written resolution).

The person who certifies the appointment must not do so unless and until the proposed Liquidator has provided that person with a statement of being an Insolvency Practitioner qualified under the Insolvency Act to be the Liquidator and of consenting to act.

[See ‘Insolvency Practitioner’, ‘Officeholder’, ‘Liquidation’ and ‘Liquidator’.]

Certificate of Compliance

According to Rule 7.12 Insolvency Rules 2016, the petitioner or the petitioner’s solicitor must, at least five business days before the hearing of the petition to compulsorily wind-up a company, file with the court a Certificate of Compliance. It will state that: