Part 8 Less common notices to be issued and actions to be taken
December 2011
3.141 Farmers – Department of Environment, Food and Rural Affairs
Where the company is or has been concerned in farming or similar operations it may have been in receipt of a grant or subsidy from the Department of Environment, Food and Rural Affairs (defra). The official receiver should contact defra to confirm the current position and whether any monies are due. Any grants and subsidies paid or payable to the company are dealt with by the Rural Payments Agency at one of their regional offices. The relevant regional office can be traced here using the Rural Payments Agency website. The official receiver could also use the defra helpline number 08459 335577. Any initial contact should be followed by the official receiver providing written notification of the winding-up order. Where the official receiver is aware of the relevant reference number this should be included in the notice.
3.142 Milk producers – milk co-operatives
Where a winding-up order is made against a dairy farmer the official receiver should identify the company’s customers. With the demise of the Milk Marque scheme the company may have a sole supply agreement with one of the diary farmers’ co-operatives or a commercial milk wholesaler. The two co-operatives are Milk Link Limited and First Milk Limited. The most commonly used milk wholesalers are Robert Wiseman Diaries, Dairy Crest Group and Arla Foods UK plc. The addresses of each of the above can be found in Annex 2. The official receiver should notify the company’s customer(s) of the winding-up order as there may be monies due and on-going contractual obligations with regard to current milk stocks. Some additional information is contained in paragraph 31.6.41.
3.143 Plant Breeders’ Rights – general
A breeder of any species of plant may apply for Plant Breeders’ Rights which enable them to charge royalties for protected varieties. The rights cover agricultural, horticultural and ornamental plants. A Plant Breeders’ Right is a form of intellectual property and may have a value. Further information on Plant Breeders’ Rights can be obtained here and in paragraph 31.10.110.
3.144 Plant Breeders’ Rights - asset in the proceedings
Where a winding-up order is made against a company or partnership which has Plant Breeders’ Rights the official receiver should send notice to the British Society of Plant Breeders Limited, see Annex 2 for their address. The company or partnership may be entitled to unpaid royalties in respect of the use of the protected species. The registered right, and the species it covers, may have a resale value and be an asset in the proceedings.
3.145 Plant Breeders Rights – a liability in the proceedings
The official receiver should be aware that in cases involving agricultural merchants, corn merchants, farmers licenced to deal in plant varieties (for example, seed potatoes), horticulturalists, etc. there may be a liability for royalties under the Plant Varieties and Seeds Act 1964. Where a winding-up order is made against such a company or partnership the official receiver should send notice to the British Society of Plant Breeders Limited, see Annex 2 for their address. Unpaid royalties at the date of the winding-up order will be a debt provable in the winding-up. See paragraph 31.6.51 for the conditions necessary to sell any seed in stock. If the stock is sold as seed the royalties due will be an expense of the liquidation.
3.146 Solicitors – Law Society
Where a winding-up order is made against a firm of solicitors the official receiver should notify the Solicitors Regulation Authority, address as per Annex 2. The official receiver should also read paragraphs 59.87 to 59.94 for more information regarding solicitors.
3.147 Holders of vehicle operators or public service operators licences
Where the company holds a vehicle operator’s licence and/or public service operating licence the official receiver should send notice to the appropriate local traffic area office. The official receiver must also return any licences (see paragraph 31.2.46). For details of the nearest local traffic area office, contact the Vehicle and Operator Services Agency (VOSA) on 0870 6060440. Further contact details are available here. VOSA’s address is shown in Annex 2.
Where the company is authorised to conduct MOT tests, all accountable documents, including MOT test certificates and documents recording the results of tests conducted within the preceding 18 months, should be returned to the local traffic enforcement office. To obtain details of the nearest local traffic enforcement office, contact the Vehicle and Operator Services Agency (VOSA) on 0870 6060440. Further contact details are available here.
3.149 Dentists, doctors and pharmacists – Primary Care Trust
Where a winding-up order is made in relation to the practice of a dentist, doctor or pharmacist notice should be sent to the Chief Executive of the Primary Care Trust of the appropriate Area Health Authority. Where the official receiver is not prepared to carry on the business, notice of his/her intention to discontinue the trading must also be given. Details for the Area Health Authorities are available here.
3.150 Dentists and doctors – private practice
Where a winding-up is made in relation to a dentist or doctor in private practice it is not necessary to inform the Primary Care Trust. Where a dental practice is being wound up the official receiver should notify any health plan company from which the company receives payments (see paragraph 59.62). For further information on the insolvency of a doctor or dentist, see paragraphs 59.58 to 59.74.
For every piece of work done by a dentist through NHS practice, he/she will charge a fee. That fee will be met partly by the patient and partly by the Dental Services Division of the NHS. An NHS client will pay up to a maximum of 80% of the fee charges, depending on their circumstances. In addition, the dentist will be entitled to claim other reimbursements, depending on the level of his/her NHS work - for example, a certain proportion of the business rates paid by the practice or a proportion of the costs of practice improvements. Each month the dentist will raise the equivalent of an invoice for the Dental Services Division, who will pay, via a BACS transfer, monthly in arrears.
3.152 NHS dentists – collection of monies due
When a winding-up order is made against a company trading as a dentist there may be money due to the company from the Dental Services Division. The official receiver should, in addition to notifying the Primary Care Trust of the Area Health Authority (see paragraph 3.149), notify the Dental Services Division of the NHS. The notice should state the name of the company, the date of the winding-up order and ask for details of the amount outstanding as at that date. The official receiver should ask that any monies due be held to the order of the liquidator. The address for the Dental Services Division is shown in Annex 2.
Where the official receiver is dealing with the liquidation of a care or nursing home, he/she should contact the local health authority and also the Care Quality Commission where the home is in England (http://www.cqc.org.uk/) or the Care and Social Services Inspectorate Wales (CSSIW) (http://wales.gov.uk/cssiwsubsite/newcssiw/aboutus/contactus/location/;jsessionid=BB53A9A396FB13B0012DD88B0F826DD2?lang=en) where the home is in Wales.
See paragraph 59.77 for further guidance on dealing with care or nursing homes.
3.153 Building & Civil Engineering (B & CE) benefit schemes
If the company traded in the building industry, it may have been a member of a B&CE benefit scheme. These schemes provide holiday pay and retirement benefits for a company’s employees. B&CE have requested that they be informed of a winding-up order when the official receiver is dealing with a winding-up order against a company with a B & CE benefit scheme. The address of B & CE is shown in Annex 2.
A winding-up order may be made against a company which is holding, or has held, controlled waste. Whilst the company should hold a waste management permit this may not always be the case. In these circumstances the official receiver should give notice to the relevant waste regulation authority (which is usually the local authority) and the Environment Agency. For more information see Chapter 82.
3.155 Unpaid deposits – Deposit Indemnity Schemes
In a number of industries schemes are in place to guarantee the deposits paid by a company’s customers. For example, The Glass and Glazing Federation operates a Deposit Indemnity Scheme to which double glazing contractors may belong. The official receiver should confirm from the company officers whether such a scheme is in operation. He/she should obtain details of the scheme together with a schedule of the names and addresses of any of the company’s customers who may have a claim under the scheme. This schedule should be provided to the operators of the scheme as quickly as possible.
3.156 Bookmakers – Gambling Commission
To act as a bookmaker a company must hold an operating licence. In addition the company may obtain personal licences for its individual representatives. The Gambling Commission issue and regulate these licences and should be notified of the making of a winding-up order as they lapse in the event of insolvency. The official receiver should send notice to the Gambling Commission. The address is shown in Annex 2. See paragraphs 59.43 to 59.44 for further details about bookmakers.
3.157 Bookmakers – betting premises licence
Where a company trades as a bookmaker from premises it needs to hold a betting premises licence. A betting premises licence is issued by the local council. A betting premises licence lapses in the event of insolvency. The official receiver should obtain the appropriate licences held by the insolvent. The official receiver should notify the local council of the winding-up order as it may be possible to recover a proportion of the licence fee from the local council upon surrender of the licence. Details of the appropriate local council can be obtained here.
In order to operate at a racetrack bookmakers are likely to hold a specific type of premises licence, known as a betting premises (track) licence. Such bookmakers are known as on-course bookmakers. In dealing with this type of bookmaker, the official receiver should notify the office of the racetrack(s) to which the licence(s) apply of the making of the winding-up order.
3.159 Bookmakers – HM Revenue and Customs
The official receiver should inform HM Revenue and Customs when a winding-up order is made against a bookmaker. The notice should be addressed to: HM Revenue & Customs, Greenock Accounting Centre (GAC), Custom House, Custom House Quay, Greenock PA15 1EQ.
3.160 Investment businesses – regulatory bodies
The official receiver should send notice to the relevant regulatory body where the company is required, by statute, to be licensed to carry on an investment business. For a list of such business see Annex B to Chapter 80.
3.161 Building societies – Financial Services Compensation Scheme
Where a building society is subject to winding up proceedings, the Financial Services Compensation Scheme, address shown in Annex 2 is entitled to receive all notices, etc. required to be sent to creditors, whether or not the Scheme is a creditor of the society at the date of the winding-up order. For further information relating to building societies see paragraphs 59.8 to 59.13.
3.162 Friendly societies, building societies and the Financial Services Authority
Where a winding-up order is made against a friendly society, building society or an industrial or provident society the official receiver shall send notice to The Financial Services Authority (FSA), address shown in Annex 2. This notification should be sent to the Mutual Societies Registration Section of the FSA in place of the Registrar of Companies (see paragraph 3.32). See paragraph 3.163 for details of other notices to be sent in respect of building societies. For further information relating to friendly societies see Chapter 59 paragraphs 59.14 to 59.18. For further information relating to industrial and provident societies paragraphs 59.19 to 59.24.
3.163 Company authorised under the Banking Act 1987
Where a winding-up order is made against a company or partnership under the provisions of the Banking Act 1987 the official receiver should send notice to the Financial Services Authority, see Annex 2 for the address, and the Financial Services Compensation Scheme, address also shown in Annex 2. The official receiver, whilst under no statutory obligation, should send to both bodies, notice of the order. This is because the Financial Services Authority receives notice of the presentation of the petition and the official receiver must send notice of the first meeting of creditors to both bodies so for the purposes of continuity notification of the order should also be sent. For more information on banks and the Financial Services Compensation Scheme see paragraph 59.5 and paragraph 59.6 and Chapter 80.
3.164 Consumer credit licence and the Office of Fair Trading
Where a winding-up order is made against a company or partnership which holds a licence under the Consumer Credit Act 1974 the official receiver should give notice to the Office of Fair Trading, see Annex 2 for the address. The Office of Fair Trading no longer sends out a physical licence and the official receiver should surrender the consumer credit licence using the on-line form. The form is available here. Further information on the Consumer Credit Act 1974 can be found here.
3.165 Intellectual property - Patents
Where a winding-up order is made against a company or partnership that appears to have an interest in a patent the official receiver should send notice to the Intellectual Property Office, address shown in Annex 2. For more information on intellectual property in general see paragraphs 31.10.49 to 31.10.128.
3.166 Intellectual property - Designs
Where a winding-up order is made against a company or partnership that appears to have an interest in a patent the official receiver should send notice to the Designs Registry at the Intellectual Property Office, address shown in Annex 2.
3.167 Intellectual property – Trade Marks
Where a winding-up order is made against a company or partnership that appears to have an interest in a patent the official receiver should send notice to the Trade mark Registry at the Intellectual Property Office, address shown in Annex 2.
The storage of explosives in quantities of over two tonnes requires a licence from the Health and Safety Executive. Some explosives in quantities up to two tonnes require an explosives certificate, such as, blasting explosives or black powder. The explosives certificate or licence is provided by the local police force. The storage of explosives not requiring an explosives certificate in quantities of less than two tonnes is licenced by the local authority (usually the trading standards department), except for metropolitan counties where the licensing is carried out by the fire and rescue service. Further information on licensing requirements is available here. A firearm or shotgun certificate is provided by the local police force. See paragraphs 31.6.29 to 31.6.31 for further information on explosives. Further details on firearms are provided in paragraphs 31.6.32 to 31.6.36.
3.169 Explosives – factory and storage
Where a winding-up order is made against a company that operates a factory for the manufacture of explosives or occupies a licenced magazine, i.e. storage facility, the official receiver must send notice of the order to the Explosives Inspectorate at the Health and Safety Executive, address shown in Annex 2. Alternatively, for queries about licensing the official receiver can e-mail the Explosives Inspectorate at: explosives.licensing@hse.gov.uk. For queries about the classification or transportation of explosives he/she can e-mail the Explosives Inspectorate at: cad.explosives@hse.gsi.gov.uk.
3.170 Explosives and firearms – police inspection
Where the official receiver discovers either explosives or firearms in his/her enquiries the local police force should be notified. The explosives or firearms should not be touched or moved until after an inspection by the police. The police will confirm that the explosives and/or firearms have been correctly licenced and will provide advise on their safe removal. Details of the police explosives liaison officers’ are available here.
3.171 Premises licensed to sell alcohol – local authority (added October 2013)
The official receiver should inform the relevant local authority as soon as possible of the insolvency of a premises licence holder (see paragraph 59.81).
Details of the dedicated email address and telephone number for licensing notifications can be located on the web site of the relevant local authority.
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