Insolvency Practitioners who fail to file their own company accounts are they immune from following the law?

Ed Boyce made this Freedom of Information request to Insolvency Practitioners Tribunal

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Dear Insolvency Practitioners Tribunal,

Newton Drive (Baxenden) Management Company Ltd 11770187

Please provide under the FOIA whether or not under the Companies Act 2006, directors of a private company who are Insolvency Practitioners are immune from filing their company accounts on time the same as everyone else, regardless of occupation, or is this no longer deemed a criminal offence.

The above company accounts are overdue that must be filed by 16 January 2021 what actions do the Insolvency Practitioners Tribunal take or have taken against the Insolvency Practitioner Michael Goldstein who is the director and listed as a Insolvency Practitioner who has failed to file their own company accounts on time.

It is presumed that the governments website is correct 'Failure to file confirmation statements ( due by 26 February 2021) annual returns or accounts is a criminal offence'

NEWTON DRIVE (BAXENDEN) MANAGEMENT COMPANY LIMITED

Director MICHAEL ABRAM GOLDSTEIN

Occupation Insolvency Practitioner

Eletronic filing Tuesday 15 January 2019
Incorporation date Wednesday 16 January 2019

Registered office address changed to C/O Myers Clark Business Recovery Ltd , Egale 1, 80 St.Albans Road, Watford, Hertfordshire WD17 1DL (Monday 4 February 2019)

Friday 28 February 2020 Registered office address changed to Devonshire House, Manor Way, Borehamwood, Herts, WD6 1QQ
(this address appears to be connected to RG Insolvency Ltd)

Yours faithfully,

Ed Boyce

Insolvency.EnquiryLine, Insolvency Practitioners Tribunal

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Insolvency.EnquiryLine, Insolvency Practitioners Tribunal

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Lee.Hewlett, Insolvency Practitioners Tribunal

Dear Mr Boyce

 

Thank you for your email of 7 February, addressed to the Insolvency
Practitioners Tribunal (IPT).

 

The IPT was abolished in 2016, under the provisions of the Deregulation
Act 2015 which abolished the power of the Secretary of State (SoS) to
directly license any insolvency practitioners. The IPT had acted as an
appeals body for decisions of the SoS in relation to the rejection or
removal of such licenses. As a result of ending practitioner licensing by
the SoS, the IPT was no longer necessary in practice.

 

As far as I am aware, and please note that I am not a lawyer, there are no
specific exemptions for insolvency practitioners operating as a limited
company in relation to the filing of company accounts and the general
requirements of company law would apply. I note, however, that the
Government has introduced measures to assist businesses during the
COVID-19 pandemic, which include giving companies more time to file their
accounts.

 

I have found the following guidance on Gov.uk, which may assist you.

 

 1. General guidance on requirements in relation to running a company is
available from Companies House, including on the filing of accounts
and penalties for late filing:

 

www.gov.uk/topic/company-registration-fi...

www.gov.uk/government/publications/late-...

 

 2. Guidance on changes to the law to help businesses, including
extensions for the filing of documents at Companies House during the
COVID-19 pandemic is available here:

 

www.gov.uk/government/news/corporate-ins...

 

www.gov.uk/government/news/companies-hou...

 

Finally, I should explain that all insolvency practitioners are licensed
and regulated by one of four Recognised Professional Bodies, in this case
I understand that Mr Goldstein is authorised by the Insolvency
Practitioners Association. Information on how to make a complaint about an
insolvency practitioner’s conduct is available at:

 

www.gov.uk/government/publications/insol...

 

www.gov.uk/complain-about-insolvency-pra...

 

I trust that the above helps in relation to your enquiries.

 

Your sincerely

Lee Hewlett | Assistant Head, Insolvency Practitioner Regulation Section |
The Insolvency Service – Delivering economic confidence |
[1][email address] | Tel: 03003048194 | [2]@InsolvencyGovUK
 | [3]www.gov.uk/government/organisations/insolvency-service

As a result of government instructions to stay at home we have changed the
way we deliver our services. Our focus remains the wellbeing of our
employees, you our customers and supporting the country during the
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latest information about contacting the Insolvency Service on our
[4]GOV.UK content. Thanks for your co-operation.

 

show quoted sections

Dear Lee.Hewlett,

Thank you for your helpful advice, it seems Mr Michael Goldstein has changed his Recognised Professional Body from ICAEW to IPA this could have been when he changed company to RG Insolvency Ltd.

Yours sincerely,

Ed Boyce