Corporate Insolvency
12 November 2009 - 8:00AM
UK Regulatory
TIDMVTS TIDMTNO
RNS Number : 3778C
Office of Fair Trading
12 November 2009
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| 132/09 | 12 Nov 2009 |
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| OFT LAUNCHES MARKET STUDY INTO CORPORATE INSOLVENCY |
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The OFT has today launched a market study into corporate insolvency.
The study will look at the structure of the market, the appointment process for
insolvency practitioners and any features in the market which could result in
harm, such as higher fees or lower recovery rates for certain groups of
creditors. It follows concerns raised within Government, including the
Insolvency Service an executive agency of the Department for Business,
Innovation and Skills, and the industry itself.
A recent World Bank report showed the costs of closing a business in the UK are
higher than other countries with similar or even better recovery rates. A
report by R3, the trade body for insolvency practitioners, also highlighted the
cost of insolvency as a relative weakness of the UK's regime.
The study covers the whole of the UK. Initially, we will collect and analyse
data from interested parties including accountancy firms, law practices,
government, regulators and trade bodies. The final duration and scope of the
study will depend on the results of the initial phase. If the study does proceed
to a second stage, the OFT expects to complete this by the end of 2010.
Clive Maxwell, OFT Senior Director of Services, said: 'We want to identify any
potential problems within the corporate insolvency market to ensure that firms
and practitioners are competing freely and that the market is working well for
the end consumers. Efficient insolvency services are an important component of a
modern market economy.'
The OFT will be speaking to key parties directly. Others who wish to make a
submission should write to: Corporate Insolvency Market Study, Office of Fair
Trading, Level 4C, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX.
Email corporateinsolvency@oft.gsi.gov.uk.
NOTE
1. Corporate Insolvency covers formal insolvency procedures in relation to
incorporated businesses such as, administration, receivership, liquidation and
company voluntary arrangements. It does not include personal insolvency
procedures which apply to individuals, sole traders and partnerships such as
individual voluntary arrangements and bankruptcies.
2. Market studies are conducted under the OFT's general function under section 5
of the Enterprise Act 2002, which includes the functions of obtaining
information and conducting research.
3. Market studies involve an analysis of a particular market with the aim of
identifying and addressing any aspects of market failure from competition issues
to consumer detriment and the effect of government regulations. Possible results
of market studies include: enforcement action by the OFT; a reference of the
market to the Competition Commission; recommendations for changes in laws and
regulations; recommendations to regulators, self-regulatory bodies and others to
consider changes to their rules; encouraging firms to take voluntary action;
campaigns to promote consumer education and awareness; 'a clean bill of health'
for the industry.
4. The OFT is unable to provide advice or resolve individual complaints for
consumers. Consumers can seek advice from Consumer Direct (tel: 08454 04 05 06,
www.consumerdirect.gov.uk).
5. The World Bank published a report 'Doing Business 2010', which is available
at http://www.doingbusiness.org/
6. R3 is the professional association for insolvency, business recovery and
turnaround specialists in the UK. R3 published a report called 'The Value of the
Insolvency Industry', which is available at
https://www.r3.org.uk/publications/default.asp?dir=professional&pag=Thensolvenc
industry&i=475.
MEDIA enquiries: 020 7211+
Corinne Gladstone 8899 Kasia Reardon8901
Jonathan Marciano8898John Fearn 8708
Frank Shepherd 8133
Out of hours: mobile: 07774 134814 messages: 020 7211 8961
Copies of press notices: Ext. 8993
http://www.oft.gov.uk
PUBLIC enquiries: 0845 7224499 enquiries@oft.gov.uk
OFT reports and consumer information leaflets are available free from:
OFT, PO Box 366, Hayes UB3 1XB 0870 6060321 oft@eclogistics.co.uk
This information is provided by RNS
The company news service from the London Stock Exchange
END
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