Guidelines for Official Receivers on Rotas of Insolvency Practitioners for Secretary of State trustee/liquidator appointments

Why Have Rotas?

Their use can protect Official Receivers from accusations that they are favouring some IPs over others; and can ensure that local parties (principally bankrupts or directors but also possibly creditors) are not inconvenienced by the appointment of a distant trustee or liquidator. They should be operated with as little administrative cost and as much common sense as possible.

Criteria for inclusion on the Rota(s)

Inclusion on rota(s) will be by IP firm the appointee(s) being named, IPs. Firms must operate from offices within the area covered by the Official Receiver i.e. there must be some physical sign of the firm’s occupation, with the office being permanently staffed by people with sufficient knowledge to be able to deal with debtors, bankrupts, directors and creditors at any time within normal business hours.

The IP need not be based in the office, but must exercise appropriate supervision of, and give direction to, the day to day casework and be available for meetings at that office during normal office hours.

If an Official Receiver’s rota is too small to enable him to identify IPs to take all available cases other firms may be included taking as much account as possible of the general principles set out here.

If the Official Receiver forms a view that the IP firm should not be (or no longer be) on the rota he/she should notify the firm, in writing, of that decision and the reasons for it. Grounds for exclusion include not meeting the criteria or repeatedly declining to accept appointments.

Numbers and types of rotas:

Generally Official Receivers will find it helpful to operate primary, secondary and batch rotas.

Primary Rota

Used where, the value of the realisable assets of a case is likely to attract an IP appointment in any event.

Secondary rota

Used where the asset value is minimal or intangible, and unlikely otherwise to attract an appointment.

Batch rota

If an Official Receiver intends to offer batches of cases to IPs a separate batch rota should be used.

Batches of cases offered should, roughly, have similar values and should not consist of more than 10 cases.

Batches of cases should normally be offered to the IP firm at the same time unless to do so would unduly delay the appointment of an IP in a particular case. Where the cases are not offered and/or sent to IPCU together the application should state that the case is part of a batch. The rota should show which cases form part of the batch.

Operation of the Rotas:

The Official Receiver should ensure that all staff (and the IPs) know the basis for offering cases from each rota, including any asset value guidelines applied to each rota.

Standard excel based rotas seem to be the best to use, recording, the criteria applied against each rota and details of the cases offered to the IP and whether he/she has accepted or rejected it.

The general principle is that if it is a rota appointment, the IP firm next on the rota should be offered the case(s). However if the Official Receiver considers that it is not appropriate for the SoS to appoint the next IP firm (for example because it does not have the resources to deal with a complex case) he/she should seek the appointment of the next suitable IP firm.

A "clean" copy of the each rota, together with these guidelines, should be available for inspection on receipt of a request to the Public Service Officer

The Official Receiver should periodically review the operation of the rotas to satisfy themselves that the criteria are being correctly applied that they are being properly maintained and that cases are being promptly handed over to the IP.

Where regional units exist they should appoint IPs from the rotas maintained by the original OR.

If difficulties are encountered please do not hesitate to seek advice from IPCU or IP Section.

These guidelines replace any previously issued guidelines on the operation of the rotas.

 

Issued by OROS 20th March 2002