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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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UK Public Holiday Monday 28th May

Wildy's will be closed on Monday 28th May, re-opening on Tuesday 29th.

Online book orders received during the time we are closed will be processed as soon as possible once we re-open on Tuesday.

As usual credit cards will not be charged until the order is processed and ready to despatch.

Any Sweet & Maxwell or Lexis eBook orders placed after 4pm on the Friday 25th May will not be processed until Tuesday May 29th. UK orders for other publishers will be processed as normal. All non-UK eBook orders will be processed on Tuesday May 29th.

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Dealing with Pensions: The Impact of the 2004 Act on Mergers, Acquisitions and Insolvencies

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ISBN13: 9781904905066
ISBN: 1904905064
Published: June 2006
Publisher: Spiramus Press Ltd
Country of Publication: UK
Format: Paperback
Price: £95.00

Low stock.

The Pensions Act 2004 provides additional protection for members of defined benefit occupational pension schemes. In doing so it establishes both a pensions regulator and a pensions protection fund. The new rules impose funding obligations on employers which, it was thought by the legislators, employers would attempt to evade.

The legislation therefore includes anti-avoidance provisions, the knock-on effects of which will (1) radically change the way in which companies are bought, sold, restructured and wound-up (whether insolvent or solvent) and (2) create complex dilemmas for pension fund trustees and their advisers.

The anti-avoidance provisions of sections [35 and 39] are intended to protect pension members' benefits, whilst ensuring that it blocks abuses whereby pension liabilities can be offloaded onto the Pension Protection Fund. The provisions however may lead to unintended consequences for some businesses in the same group of companies, in situations where no abuse has taken place, for example:-

  • difficulties for private equity providers who thus far have viewed their investee companies as stand-alone entities which can be allowed to become insolvent if they fail. Following the legislation, where private equity provider invests in a company with a defined benefit which later falls into insolvency, clause 39 would require other companies invested in by the private equity provider paying towards the deficit that company’s scheme.
  • difficulties for overseas investors who find it hard to quantify the pension liabilities of UK businesses they acquire, especially if the liabilities of one infect the liabilities of otherwise unconnected companies, including those without any defined benefit pension arrangements.
  • difficulties for trustees who may be intimidated from assuming appointments as trustees, and/or increasing the cost of trusteeship
  • difficulties for employers wishing to establish or continue defined benefit pension schemes