• Current students
      • Student centre
        Enrol on a course/exam
        My enrolments
        Exam results
        Mock exams
        Learning Hub data privacy policy
      • Course information
        Students FAQs
        Student induction
        Course enrolment information
        F2f student events
        Key dates
        Book distribution
        Timetables
        FAE elective information
      • Exams
        Exam Info: CAP1
        E-assessment information
        Exam info: CAP2
        Exam info: FAE
        Access support/reasonable accommodation
        Extenuating circumstances
        Timetables for exams & interim assessments
        Interim assessments past papers & E-Assessment mock solutions
        Committee reports & sample papers
        Information and appeals scheme
        JIEB: NI Insolvency Qualification
      • CA Diary resources
        Mentors: Getting started on the CA Diary
        CA Diary for Flexible Route FAQs
      • Admission to membership
        Joining as a reciprocal member
        Conferring dates
        Admissions FAQs
      • Support & services
        Recruitment to and transferring of training contracts
        CASSI
        Student supports and wellbeing
        Audit qualification
        Diversity and Inclusion Committee
    • Students

      View all the services available for students of the Institute

      Read More
  • Becoming a student
      • About Chartered Accountancy
        The Chartered difference
        What do Chartered Accountants do?
        5 Reasons to become a Chartered Accountant
        Student benefits
        School Bootcamp
        Third Level Hub
        Study in Northern Ireland
        Events
        Blogs
        Member testimonials 2022
        Become a Chartered Accountant podcast series
      • Entry routes
        College
        Working
        Accounting Technicians
        School leavers
        Member of another body
        International student
        Flexible Route
        Training Contract
      • Course description
        CAP1
        CAP2
        FAE
        Our education offering
      • Apply
        How to apply
        Exemptions guide
        Fees & payment options
        External students
      • Training vacancies
        Training vacancies search
        Training firms list
        Large training firms
        Milkround
        Recruitment to and transferring of training contract
        Interview preparation and advice
        The rewards on qualification
        Tailoring your CV for each application
        Securing a trainee Chartered Accountant role
      • Support & services
        Becoming a student FAQs
        Who to contact for employers
        Register for a school visit
    • Becoming a
      student

      Study with us

      Read More
  • Members
      • Members Hub
        My account
        Member subscriptions
        Annual returns
        Application forms
        CPD/events
        Member services A-Z
        District societies
        Professional Standards
        Young Professionals
        Careers development
        Diversity and Inclusion Committee
      • Members in practice
        Going into practice
        Managing your practice FAQs
        Practice compliance FAQs
        Toolkits and resources
        Audit FAQs
        Other client services
        Practice Consulting services
        What's new
      • In business
        Networking and special interest groups
        Articles
      • Overseas members
        Home
        Key supports
        Tax for returning Irish members
        Networks and people
      • Public sector
        Public sector news
        Public sector presentations
      • Member benefits
        Member benefits
      • Support & services
        Letters of good standing form
        Member FAQs
        AML confidential disclosure form
        Institute Technical content
        TaxSource Total
        The Educational Requirements for the Audit Qualification
        Pocket diaries
        Thrive Hub
    • Members

      View member services

      Read More
  • Employers
      • Training organisations
        Authorise to train
        Training in business
        Manage my students
        Incentive Scheme
        Recruitment to and transferring of training contracts
        Securing and retaining the best talent
        Tips on writing a job specification
      • Training
        In-house training
        Training tickets
      • Recruitment services
        Hire a qualified Chartered Accountant
        Hire a trainee student
      • Non executive directors recruitment service
      • Support & services
        Hire members: log a job vacancy
        Firm/employers FAQs
        Training ticket FAQs
        Authorisations
        Hire a room
        Who to contact for employers
    • Employers

      Services to support your business

      Read More
☰
  • Find a firm
  • Jobs
  • Login
☰
  • Home
  • Knowledge centre
  • Professional development
  • About us
  • Shop
  • News
Search
View Cart 0 Item

Professional Standards

☰
  • Home
  • About us
  • Public information
  • Bye-laws, regulations and guidance
  • Authorisations
  • Quality assurance
  • Complaints and discipline
  • Home/
  • Professional Standards/
  • Authorisations/
  • Consumer credit/
  • I am an insolvency practitioner, what should I do?
☰
  • Authorisations
  • Practising certificates
  • Audit
  • Investment business
  • Consumer credit
    • What are credit related regulated activities?
    • Previously, I used the group licence, what should I do?
    • I have an OFT licence, what should I do?
    • I am FCA authorised, what should I do?
    • I am an insolvency practitioner, what should I do?
    • Guidance, what activities can I do?
  • Insolvency
    • Acting as an IP in the Republic of Ireland
    • Acting as an IP in the Great Britain/Northern Ireland
    • Application/renewal of insolvency certificate/licence
    • Insolvency monitoring
    • Insolvency complaints
    • Standards of professional conduct
    • Joint Insolvency Committee (JIC): IPs in GB/NI
  • Anti-Money laundering
    • COVID - 19
    • Irish law & guidance
    • UK law & guidance
    • Reporting obligations
    • Registration and supervision
    • AML Confidential Disclosure
  • Professional Indemnity Insurance (PII)
  • Application forms and fee scales

I am an insolvency practitioner, what should I do?

From 1 April 2014 an Insolvency Practitioner will have an insolvency exclusion which means that any activity within the exclusion is not considered a credit-related regulated activity. Chartered Accountants Ireland, ICAEW and ICAS have been liaising with HM Treasury as to how this exclusion is to be interpreted. This is explained in more detail below.

Insolvency Practitioner Exclusion

What is covered by the exclusion?

From 1 April 2014, an insolvency practitioner, whilst acting as an insolvency practitioner is excluded in respect of the activities of:

  • debt adjusting;
  • debt counselling;
  • debt collecting;
  • debt administration; and
  • providing credit information services.

Also where an insolvency practitioner is acting in “reasonable contemplation of appointment” the following activities are excluded:

  • debt adjusting;
  • debt counselling; and
  • providing credit information services

The exclusions also apply to those working for the insolvency practitioner.

What is not covered by the exclusion? Debt Management Plans & non-statutory debt solutions (i.e. work outside S 388 Insolvency Act 1986)

For any debt work outside the definition of Section 388 the exclusion does not apply. HM Treasury and the FCA have now indicated that they view, for example, Debt Management Plans, and other non-statutory debt solutions, as outside the exclusion.

Whilst the FCA and HMT have not issued guidance on this, our current understanding is that it is reasonable for an IP (or their staff) to consider initial debt advice/fact finding as ‘in reasonable contemplation’ of an insolvency appointment but IPs cannot take advantage of the exclusion after the point when, for example, a Debt Management Plan or other nonstatutory debt solution, has been identified as the prospective solution for a debtor. At that point, the situation becomes more complicated, as the solution is not an insolvency appointment but a credit-related regulated activity to which the exclusion does not apply.

FCA Regime

If you have identified that your firm requires a consumer credit licence with the FCA you should apply to the Office of Fair Trading (the OFT) immediately to get a full OFT licence as only OFT licence holders at 1 April 2014 will be transferred across to the FCA under the ‘interim permission’ regime. Firms with interim permissions will subsequently be considered for full authorisation by the FCA in due course between 1 October 2014 and 1 April 2016 and there will be phased applications.

If you are already within a firm which holds a standard credit licence from the OFT then you should ensure that the firm has entered into the FCA interim permission regime.

Was this article helpful?

yes no

The latest news to your inbox

Useful links

  • Current students
  • Becoming a student
  • Knowledge centre
  • Shop
  • District societies

Get in touch

Dublin HQ

Chartered Accountants
House, 47-49 Pearse St,
Dublin 2, D02 YN40, Ireland

TEL: +353 1 637 7200
Belfast HQ

The Linenhall
32-38 Linenhall Street, Belfast,
Antrim, BT2 8BG, United Kingdom

TEL: +44 28 9043 5840

Connect with us

Something wrong?

Is the website not looking right/working right for you?
Browser support
CAW Footer Logo-min
GAA Footer Logo-min
CCAB-I Footer Logo-min
ABN_Logo-min

© Copyright Chartered Accountants Ireland 2020. All Rights Reserved.

☰
  • Terms & conditions
  • Privacy statement
  • Event privacy notice
  • Sitemap
LOADING...

Please wait while the page loads.