Personal Insolvency Act 2012 (Renewal of Authorisation of Personal Insolvency Practitioners) Regulations 2016.

• Jurisdiction: Ireland
• Citation: IR SI 226/2016
• Year: 2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th May, 2016.

The Insolvency Service of Ireland, in exercise of the powers conferred on it under section 3 and section 161 (as amended by section 94 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 (No. 32 of 2013)) of the Personal Insolvency Act 2012 (No. 44 of 2012), with the consent of the Minister for Justice and Equality and following consultation with the Minister for Finance hereby makes the following regulations:

Citation and Purpose

1. (1) These Regulations may be cited as the Personal Insolvency Act 2012 (Renewal of Authorisation of Personal Insolvency Practitioners) Regulations 2016.

(2) These Regulations are made for the purposes of section 161 and section 166 of the Act.

Scope

2. These Regulations apply to individuals who hold an authorisation to carry on practice as a personal insolvency practitioner and who wish to renew that authorisation.

Definitions

3. In these Regulations:

“Act” means the Personal Insolvency Act 2012 (No. 44 of 2012);

“accountant’s report” means a report in the prescribed form by a duly qualified accountant that appropriate financial systems and controls are still in place for the protection of moneys received from debtors by the applicant;

“applicant” means a personal insolvency practitioner applying for the renewal of his or her authorisation to carry on the practice as a personal insolvency practitioner;

“renewal of an authorisation” means renewal of an authorisation to carry on practice as a personal insolvency practitioner.

Renewal of an Authorisation

4. (1) The application form set out in the Schedule to these Regulations is hereby prescribed for the purposes of section 166(2)(a) of the Act.

(2) The accountant’s report as set out in Part G of the prescribed application form is hereby prescribed for the purposes of section 166(4)(b) of the Act.

(3) An applicant shall take all reasonable steps to ensure that the information provided in support of his or her application for renewal of an authorisation is accurate and complete.

(4) At any time before the renewal of an authorisation, or refusal to renew such an authorisation, the Insolvency Service may request the applicant to clarify the information provided or to supply further information in respect of the applicant’s character, competence or financial position or may make such enquiries as may be necessary for the purpose of evaluating the application properly and comprehensively.

(5) Failure by an applicant to comply with Regulation 4(3) or a request made pursuant to Regulation 4(4) will be taken into account by the Insolvency Service when determining an application for renewal of an authorisation and may be regarded as a reason to refuse to renew that applicant’s authorisation.

SCHEDULE

APPLICATION TO THE INSOLVENCY SERVICE OF IRELAND FOR THE RENEWAL OF AN AUTHORISATION TO CARRY ON PRACTICE AS A PERSONAL INSOLVENCY PRACTITIONER

Part A — Details of Applicant

1. Full Name

2. Trading Name or Business Name (if different to the above)

3. Address of your place of Business

4. Personal Insolvency Practitioner Authorisation Number

Part B — Professional Status

1. Please tick the appropriate professional status / qualification which applies to you:

(a) I am a solicitor in respect of whom a practising certificate (within the meaning of the Solicitors Acts 1954 to 2015) is in force. □

(b) I am a barrister at law called to the Bar of Ireland. □

(c) I am a qualified accountant and a member of a prescribed accountancy body (within the meaning of section 4 of the Companies (Auditing and Accounting) Act 2003 ). □

(d) I am a qualified financial advisor who holds a current qualification from the Life Insurance Association of Ireland (LIA), the Insurance Institute or the Bankers School of Professional Finance. □

(e) I hold a qualification in either law, business, finance or other appropriate similar qualification to the satisfaction of the Insolvency Service of Ireland recognised to at least level 7 of the National Qualifications Framework by Quality and Qualifications Ireland (or equivalent). □

If your professional status has changed since your authorisation to carry on practice as a personal insolvency practitioner, please provide details:

2. The following questions must be answered and apply to conduct in this jurisdiction and any other jurisdiction (please tick as appropriate). If the answer to any of the following questions is YES, you are required to provide full details in writing with your application.

Yes No (a) Has your entitlement to carry on practice as a personal insolvency practitioner since the last application made by you been suspended or subject to conditions? □ □ (b) Since you were last authorised as a personal insolvency practitioner have you, in any jurisdiction: □ (i) Failed to comply with the Personal Insolvency Acts 2012 to 2015, or with any regulations made under those Acts? □ □ (ii) Been convicted of any offence involving fraud, dishonesty, breach of trust, tax offences or of aiding and abetting tax evasion, including any conviction related to financial crime or breach of statutory or regulatory requirements? □ □ (iii) Been a director or manager of an entity or business that was, during your period as a director or manager, convicted of an offence involving fraud, dishonesty, breach of trust, tax offences or of aiding and abetting tax evasion, including any conviction related to financial crime or breach of statutory or regulatory requirements? □ □ (iv) Been adjudicated bankrupt, or entered into any compromise with your creditors related to bankruptcy or insolvency or are you currently the subject of bankruptcy or insolvency related proceedings or measures or are you aware of any such proceedings or measures pending? □ □ (v) Failed to satisfy a judgment debt under a court order within one year of the making of the order? □ □ (vi) Been disqualified or restricted, by a court from acting as a director of a company or equivalent, or from acting in the management or conduct of the affairs or control of any company, partnership, or unincorporated association? □ □ (vii) Been refused entry to any profession or been dismissed or compelled to resign from any office or position of trust, whether or not remunerated? □ □ (viii) Been prohibited, suspended, refused or restricted in the right, to carry on any trade, business or profession for which a specific licence, registration or other authority is required? □ □ (ix) Been the director or equivalent of an entity, which has gone into liquidation, receivership or examinership or similar or analogous measures or steps in any other country and, in such circumstances, entered into any arrangements with its creditors which gave rise to a loss to the creditors either while you were a director or equivalent or within one year of your ceasing to be a director or equivalent? □ □ (x) Been associated, as a director, manager or shareholder, with any entity that has been compulsorily wound up or equivalent, either while you were associated with it or within one year after you ceased to be associated with it? □ □ (xi) Been concerned...