Licensed insolvency practitioners must be members of a recognised professional body which has appropriate practice rules specifying the matters to be taken into account in deciding whether a person is fit and proper to act as an insolvency practitioner.
In order to obtain authorisation, the individual must meet the standards prescribed in article 14 of the law: (a) a university degree or equivalent qualification; (b) at least three years' experience as a lawyer, chartered accountant, actuary, officer or examiner in the government insolvency service, or equivalent experience in the financial sector; (c) recent practical experience of insolvency work (600 hours or 10 cases within the two years preceding the application); (d) success in an examination of professional competence recognised for the purpose of the law; and (e) adequate professional indemnity insurance.
Article 23 of the law contains various grandfathering provisions. The first of these allows officeholders in existing insolvency proceedings to continue in office until the proceedings have been completed. Article 23(2) provides that the provisions of article 14 relating to experience and success in an examination of professional competence ((b) to (d) inclusive above) may be waived by ministerial order for up to one year after the law comes into force, subject to the person concerned successfully completing an approved training seminar within five months of receiving an insolvency licence.
Article 23(3) provides that for an initial period from the date the law enters into force, until a date to be specified by a ministerial order, the requirements described in (b) to (d) are replaced by at least eight years' relevant professional experience as a lawyer, chartered accountant, actuary, officer or examiner in the government insolvency service, or equivalent experience in the financial sector, combined with proven practical experience of insolvency work of 1,800 hours or 20 cases within the five years preceding the application.
© 2021 Euromoney Institutional Investor PLC. For help please see our FAQs.