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Section 1 Terms of Engagement for an Oliver Elliot Members Voluntary Liquidation

This notice sets out the basis on which Elliot Harry Green of Oliver Elliot Limited (“OEL”) (Company Number 11746967) of Moda Business Centre, Stirling Way, Borehamwood, WD6 2BW trading as Oliver Elliot Chartered Accountants, agrees to act as proposed Liquidator for the meeting of members in order to place the Company into Members Voluntary Liquidation (“MVL”). Our Director, Elliot Harry Green is the proposed Liquidator and is a Chartered Accountant and Licensed Insolvency Practitioner (Insolvency Practitioner Number 9260). Elliot Green will assist you with the placing of your company into liquidation and attend to matters pursuant to inter alia Section 107 of the Insolvency Act 1986. This is a procedure set out in the Insolvency Act 1986. The functions of the duly appointed liquidator are to get in, realise and distribute the Company’s property.  The duty of the liquidator is to act in the fulfilment of that statutory requirement and not to permit any conflict with the interests of the Members or the Company’s Officers.  In such regard the liquidator will not act under the instruction of the Company’s Officers and/or Members. This letter is issued to you in your capacity as Director of the Company. This does not include providing you with any personal tax advice which you should obtain from your own personal adviser. We do not provide company tax advice. All company tax returns should be filed up to date as required and all taxes should be paid up to date at the point you instruct us so we can proceed to immediately seek to satisfy ourselves that there are no liabilities to HMRC.

You will be required to provide a Statement of Affairs detailing the financial position of the company. This is a document that details the assets and liabilities of the company by way of descriptions and numerical values. You will be required to provide precise figures to enable this mandatory document to be properly prepared. This is issued to you in your capacity as Director of the Company, not in any other capacity.

It is your responsibility to provide us with all the relevant accounting records that we ask for and summaries to enable us to assist you in the preparation of the Statement of Affairs. It is not within the scope of our work to create and or recreate and or reconstruct any of the accounting records.

In the event that the information request for the purpose of the Statement of Affairs is not provided on a timely basis then we reserve the right to withdraw from this engagement and not convene the Meeting to place the company into Members Voluntary Liquidation.

A summary of the members voluntary liquidation process is available here: https://www.oliverelliot.co.uk/insolvency-guides-and-information/how-to-prepare-for-members-voluntary-liquidation/

The Statement of Affairs needs to be sworn before a solicitor.

In the Statement of Affairs, you will be required to provide to us the book value of the assets and the estimated to realise value of the assets. The book value is the value recorded in the books and records of the company at the date that the Statement of Affairs is drawn up to. The estimated to realise value for the assets is a market value. We do not value the Company’s assets. If you are in any doubt about the valuation of the assets we suggest that you seek independent professional valuation advice accordingly. In addition, you will be required to provide access to the Company’s banking history through open banking access being provided to us.

We will need from you a copy of the Register of Members.

Before preparing the documents to assist you place the Company into liquidation, it is a condition of this engagement and the appointment of Elliot Green to consent to act in the appointment as Liquidator of the Company, that all Directors and Members of the Company shall execute a Deed of Indemnity provided.

It is also a condition of this engagement and the appointment of Elliot Green to consent to act in the appointment as Liquidator of the Company, that all pre-liquidation tax returns and accounts up to the date of the passing of the winding up resolution, required for the same must be finalised and filed on or before the date of the Company going into liquidation by the Company and or Directors and or its instructed agent and or instructed accountant.

We have not and will not provide any accounting or tax advice relating to the Company or the Director(s) or the Shareholder(s) in relation to any matters concerning this procedure. If you require this, then it should be sought from an independent professional adviser.

Section 2 Identity Documents And Money Laundering Regulations

Please could you forward me as a requirement of new Money Laundering legislation certified copies of either your passport, current driving license together with a certified copy of a bank statement (in the last 4 weeks) in your name at your current address. By signing this letter, that constitutes your consent to my processing your data electronically to verifying your identity. Please do not sign the letter if you do not agree to the same. Certified copies may not be required if we can digitally verify you.

If we are to receive money from you we will usually ask you where that money is to come from (the “source of funds”) and ask you to provide evidence of payment through production of a bank statement showing the payment. It is required that this evidence is supplied as part of the terms of this engagement.

You agree to inform us:

For individuals: if you are a Politically Exposed Person (“PEP”) or a family member or a close associate to a PEP. A PEP is someone who within the last 12 months has held or now holds a prominent public position in the UK or another country (for example, head of state, judge, ambassador, high ranking officer in the armed forces) or a senior management position in an international organisation.

For companies and partnerships: the name of the person who ultimately controls the management of the company or partnership or who controls it or

who owns at least 26% of it, if that is not you, and whether that person is a Politically Exposed Person (“PEP”) or a family member or a close associate of a PEP. A PEP is someone who within the last 12 months has held or now holds a prominent public position in the UK or another country (for example, head of state, judge, ambassador, high ranking officer in the armed forces) or a senior management position in an international organisation.

For trusts and other similar legal arrangements: the name of the person who controls the trust or who owns at least 25% of it, if that is not you, and whether that person is a Politically Exposed Person (“PEP”) or a family member or a close associate of a PEP. A PEP is someone who within the last 12 months has held or now holds a prominent public position in the UK or another country (for example, head of state, judge, ambassador, high ranking officer in the armed forces) or a senior management position in an international organisation.

For any other legal arrangements: the name of the person who controls the legal arrangement or who benefits from the property of it.

We cannot provide any services until all customer due diligence is completed and reserve the right to withdraw from this engagement in the event that any information that is reasonably required in respect of customer due diligence and in respect of other matters is not provided promptly. This includes the information required in the Company Information Form which can be found on our website at https://www.oliverelliot.co.uk/company-information-page-pre-appointment/. In addition to the CDD there are other ethical checks we will consider. We accordingly reserve the right to withdraw from this engagement at any point prior to our receipt of payment of the invoice relating to it upon notice in writing to you.

You are required to have verified your identity at Companies House as director and or as a person with significant control if the verification date and period commences before the Company goes into liquidation. Failure to verify your identity at Companies House in such circumstances will mean that we are unable to accept your instructions as director to place the Company into liquidation.

Section 3 Insolvency Practitioner

As I am an insolvency practitioner, by virtue of Statement of Insolvency Practice Number 1, which can be viewed here https://www.icaew.com/-/media/corporate/files/technical/insolvency/regulations-and-standards/sips/england/sip-1-e-and-w-introduction-to-statements-of-insolvency-practice-oct-2015.ashx or here https://www.oliverelliot.co.uk/insolvency-guides-and-information/creditor-insolvency-help/ I should inform you that I am bound by the Insolvency Code of Ethics, which can also be viewed on the same link.

We have a professional responsibility not to allow the name of Oliver Elliot to be associated with a Declaration of Solvency (“the Report”), which may be misleading. Although we are not required to search for such matters, should we become aware, for any reason, that the Report may be, misleading, we shall withdraw from the engagement, and will notify you in writing of the reasons. As part of our normal procedures, we may request you to provide written confirmation of any information or explanations given by you orally during the course of our work. We shall assist you with the following: – Convene the statutory meeting of members – and assist you in the prepare of a Statement of Affairs. You agree that you will provide all information we require to prepare the Report. The Report will rely upon information you have made available and all relevant records and information for its preparation. To enable us to carry out our work you agree: – that all information is to be made on a full disclosure of all assets and liabilities; – to provide full information necessary for our preparation of the Report: We will rely on the information and documents being true, correct and complete and will not audit the information or those documents; – that we can approach such third parties as may be appropriate for information that we consider necessary to complete the Report; – to keep us informed about significant changes and any material omissions that we should consider before submitting the Report.

Section 4 Fees and Charges

Our fees in respect of the preparation of the Report under Section 89 of the Insolvency Act 1986 (“the Act”) and the procedures to enable the Company to go into Members Voluntary Liquidation will be a fixed fee of:

– £[XXXXX] exclusive of VAT and exclusive of Disbursements

– Disbursements exclusive of VAT are estimated in relation to a Bond £40 (see reference to rates detailed below based on anticipated assets at the date of appointment), Statutory Advertising £395.10 (£131.70 per advert), Electronic ID £7 per person, Postage £10 per creditor or member (£20 for any international address per creditor or member) with the number increased by up to 10 to take account of oversight and this number is increased by 2 for notices to HMRC. We reserve the right to increase the same depending on the facts of the case.

The insolvency practitioner bond is estimated based on the level of anticipated assets. There is a scale rates for the bond which are set out at the following link: https://www.oliverelliot.co.uk/insolvency-guides-and-information/what-is-the-insolvency-practitioner-bond/

This is based on the assumption that the liquidation can be concluded within 12 months of the date of appointment with a distribution made upon receipt of the satisfaction of the liquidator of the Company being achieved that there are no liabilities to HMRC or any other creditors. All work is considered to provide a direct financial benefit to members by way of a distribution subject to costs. In calculating this fixed fee, consideration has been given both to the work to be undertaken, as detailed above, availability of resource and risk to the practice. It is considered that the proposed fixed fee is a fair and reasonable reflection of the work likely to be carried out given the complexities of the case. Fees are strictly not refundable.

The fee may be approved by the Board of Directors and paid by the Company prior to it entering liquidation or otherwise it should be approved by the members at the general meeting held to place the Company into liquidation, or by written resolution as appropriate, and subsequently paid from the assets realised. If the latter, it is proposed that the Liquidator shall be entitled to draw fees as and when funds permit.

In the event of any material change in the circumstances of the assignment, we reserve the right to request an amendment to this fee, which will be agreed with the members first.

It is assumed that the work being undertaken whilst the Company is in Liquidation is limited to seeking satisfaction there are no outstanding HMRC liabilities, distributions to the members of the Company and closure of the Liquidation. If further Liquidation work is required additional that additional charges will apply on the basis of time costs. Time costs are recorded at the prevailing charge out rate of the member of staff on the date that the time is recorded. The current hourly rates applicable are: Director £655, Manager £435, Senior Administrator £280. The current hourly rates applicable are: Director £655, Manager £435, Senior Administrator £280

These rates are based inter alia on the level of skill and experience required to carry out the different tasks and prevailing market conditions and are subject to change. Time is charged in 6 minute units.

In addition, further fees will be charged to the Company in the event of the appointment of our Director, Elliot Harry Green, as Liquidator of the Company for time costs incurred were the Company for any reason to need to be converted pursuant to Section 96 of the Insolvency Act 1986 into Creditors Voluntary Liquidation. If it is necessary to carry out work outside the responsibilities outlined in this letter it will involve additional fees as referred to on a time costs basis aforesaid. Our terms relating to payment of amounts invoiced and not covered by standing orders, where appropriate, are strictly forthwith. Interest and compensation for recovery costs will be charged on all overdue debts at the rate for the time being applicable under the Late Payment of Commercial Debts (Interest) Act 1998. In the event that it is alleged that the composition or calculation of any invoice is incorrect or otherwise requires clarification, then the addressee must notify me in writing within 14 days of the end of the month in which the invoice’s tax point falls of all and any such allegations. Otherwise I will not in any event acknowledge liability for the same.

We may need to instruct agents and solicitors of our choice to assist us with the winding up of the Company. Those charges will be an expense of the liquidation.

Assets sold and funds realised will be banked in a liquidation bank account. This account is not interest bearing. If you wish funds to be banked in an interest bearing liquidation bank account, then there will be additional fees charged and disbursements incurred. Those additional fees will be the time costs involved in preparation of, submission to HMRC and agreement of a corporation tax return for the post-liquidation period, along with additional time costs involved in setting up such a bank account and the bank charges that would not normally be incurred if funds are to be placed in an non-interest bearing account.

Section 5 Restriction on the re-use of Company Names

Your attention is drawn to the provisions of Section 216 and 217 of the Insolvency Act 1986 which are briefly explained below. This does not apply to you as we understand matters save if the Company were to convert into Creditors Voluntary Liquidation pursuant to Section 96 of the Insolvency Act 1986.

A director during the period of 12 months ending with the day before the Company went into liquidation is prohibited from using any name by which your company was known, including any trading names, or a name which is so similar as to suggest an association with your company being liquidated.

The restriction from using a prohibited name applies for the period of 5 years beginning with the day on which your company went into liquidation and except with the permission of the court you cannot:-

• be a director of any other company that is known by a prohibited name; or
• in any way, whether directly or indirectly, be concerned or take part in the promotion, formation or management of any such company; or
• in any way, whether directly or indirectly, be concerned or take part in the carrying on of a business carried on (otherwise than by a company) under a prohibited name.

Your attention is also drawn to Part 22 of the Insolvency (England and Wales) Rules 1986 which provides exceptions to the restriction imposed by Section 216 of the Insolvency Act 1986. You should note that it is a criminal offence to contravene Section 216 of the Insolvency Act 1986 and if you act in contravention of this section you are liable on conviction to imprisonment and/or a fine.

Your attention is also drawn to Section 217 of the Insolvency Act 1986, which provides, amongst other things, that a person who is involved in the management of a company in contravention of Section 216 of the Insolvency Act 1986 is personally liable for any debts of the Company incurred during the period of that involvement.

Please consider Part 22 of the Insolvency (England and Wales) Rules 1986 carefully take independent legal advice where you reasonably require the same. Warning: In the event that you are unclear about the effect/implications of Section 216 and 217 of the Act in relation to the restriction on re-use of company names, we recommend that you seek independent legal advice. Section 6 Cessation of the Director’s Powers Your attention is drawn to the provisions of Section 103 of the Insolvency Act 1986, which states that on the appointment of a Liquidator, all the powers of the directors cease, except so far as the Liquidation committee or, if there is no such committee, the creditors sanction their continuance.

Section 6 Confidentiality

All information (including personal data) concerning your affairs including any business or individuals employed therein shall be treated as confidential subject to my duty under Section 330 of the Proceeds of Crime Act 2002 to report to the National Criminal Agency (NCA) if I know, or have reasonable cause to suspect, that you, or anyone connected with your business, are or have been involved in money laundering. Failure on my part to advise where I have knowledge or reasonable grounds for suspicion would constitute a criminal offence. The offence of money laundering is defined by Section 340(11) of the Proceeds of Crime Act 2002 and includes the acquisition, possession or involvement in arrangements for concealing the benefits of any activity that constitutes a criminal offence in the UK.

This definition is very wide and would include:

– tax evasion through deliberate understatement of income or overstatement of expenses or stocks; or

– deliberate failure to inform the tax authorities of known underpayments.

We are obliged by law to tell NCA without your knowledge and consent and in fact would commit the criminal offence of tipping off under Section 333 of the Proceeds of Crime Act 2002 were we to inform you of any suspicions. We are not required to undertake work for the sole purpose of identifying suspicions of money laundering. We shall fulfil our obligations under the Proceeds of Crime Act 2002. From time to time external monitoring of our affairs which may involve review of my clients’ files may be required by The Institute of Chartered Accountants in England and Wales or similar, and your consent to such review is given by signing this letter. My firm may at some future point in time seek quality control registration, for instance ISO9000.

Such registration will vary the existing confidentiality rules as regards inspection by third parties and your consent to such review is given by signing this letter.

Section 7 Data Protection Act 2018

By becoming a client of Oliver Elliot, you consent to Oliver Elliot keeping personal data about you on our records, and undertake to ensure that you have appropriate authority to provide such data to us. Regulations about personal data can be considered inter alia in the Data Protection Act 2018.

Details of the firm’s Privacy Notice is available for viewing on our website at https://www.oliverelliot.co.uk/privacy-notice/.

Typically, Directors, Creditors, Members and Employees will have personal data that is processed to enable communication and calculations to be undertaken to comply with legislation. Such obligations will inter alia involve writing to creditors to notify them about this case and for example only providing Progress Reports, details of Decision Procedures and distributions as required by the Insolvency Act 1986. In relation to employee claims the same applies including issuing information to the Redundancy Payments Office to enable processing of such claims.

If you have any queries please email the privacy officer at elliot.greeen@oliverelliot.co.uk.

Section 8 Our use of this Personal Data

From time to time we may use the personal data you give us for marketing purposes (for example to develop or promote complimentary products and services for our clients). We are continually developing products and services based on information and feedback we receive from clients and we may share these with you. Other than as required by law or by the professional or other bodies that regulate us, or as set out in this letter, we shall not disclose personal data about you to any third party without your permission. By signing this letter you hereby consent to us disclosing any personal data, which you have provided to us, to any company or firm in which OEL and or its Connected Parties and or Associates hold an equity interest in excess of 15%.

Section 9 Transfer of data overseas

We shall not, without your prior consent, transfer any personally identifiable data about you outside the European Economic Area (“EEA”) unless the country to which that data is transferred can provide an adequate level of protection in accordance with the principles set out in the Data Protection Act 2018. In circumstances where the need to transfer personal data outside the EEA arises, and the level of protection afforded does not meet the requirements of current European legislation, we shall not effect the transfer of any such data without your express consent, having first made you aware of the level of protection available in that particular country.

Section 10 Security

Oliver Elliot Chartered Accountants will take reasonable precautions to prevent the loss, misuse, unlawful processing or alteration of the personal data you give us, and we shall destroy such data as is no longer reasonably needed as soon as is practicable. You hereby consent to Oliver Elliot Chartered Accountants allowing their agents or contractors access to personal data that you have given to us in the course of providing services to you. We shall ensure that such agents or contractors do not use the personal data for any purpose other than to carry out the services that they are performing for me and that they keep such personal data confidential.

Section 11 Access to personal data

If you have given us information about yourself and would like copies of that information, or if you would like me to correct any factual inaccuracies in that information, or if you would like that information deleted from my records, then please contact us via email at contact@oliverelliot.co.uk. We shall use reasonable efforts to supply, correct or delete information about you on my files. We shall charge you a fee of £10 for this. For the purposes of the Data Protection Act 2018, the Data Controller in relation to personal data supplied about you is Elliot Green. OEL’s Privacy Statement can be viewed at www.oliverelliot.co.uk/privacy-notice/.

Section 12 Retention of and Access to Records

During the course of our work we shall collect information from you and others acting on your behalf. Whilst certain documents may legally belong to you, we intend to destroy correspondence and other papers that we store which are more than seven years old, other than documents which we consider to be of continuing significance. If you require retention of any document you must notify me of that fact in writing.

In relation to the Company’s records, please supply to us all employee and other records of the Company.

Section 13 HMRC Clearance and Distributions To Members

HMRC no longer provides tax clearance so the burden falls on the Director and or the Company to confirm and evidence the tax position following new guidance issued in December 2023.

I accordingly will need the following information and documents from you:

• The final returns made to date of cessation and copy bank statements to show payments made or claims for refunds have been submitted.
• All documents submitted/relied upon within returns, for example but not limited to, statutory accounts, elections, claims etc.
• All correspondence with HMRC for the last 12 months, as a minimum, and all correspondence relating to unresolved issues
• Previous returns for all taxes, and proof of payment, to cover the previous 3 reporting periods prior to the closure period
• To include all documents submitted/relied upon, for example but not limited to, statutory accounts, elections, claims etc
• To include, but not limited to, PAYE, ERS, CAS, P35, P11D
• All documentation relating to any reorganisations undertaken in the last 6 years
• HMRC login information online.

We accept no responsibility for ensuring that a distribution to the Members is undertaken by a given date. It will be unaffected by considerations of the personal tax circumstances and affairs of the Members of the Company. No liability is accepted for any losses or tax consequences for Members personally in the event a distribution arises after a given preferred date and or any increase(s) in any tax rates that apply to the Members personally after a given date, including but not limited to Capital Gains Tax and Business Asset Disposal Relief. Before any distribution to the Members is to be undertaken all directors and Members of the Company will be required to execute properly, have witnessed and complete a Deed of Indemnity that is drafted to the satisfaction of the liquidator of the Company and or Oliver Elliot’s Director(s).

By signing this letter you acknowledge and accept my entitlement to exercise my discretion to refrain from making any distribution to the members of the Company for a reasonable period of time where I have not heard from HMRC about the Company’s filings for the pre liquidation period and that the same has been complied with to the satisfaction of myself and HMRC.

Section 14 Recruitment

The ethical guidance published by the Institute of Chartered Accountants in England & Wales discourages firms where senior staff have been recruited by clients from having an ongoing professional relationship without comprehensive safeguards being put in place to avoid actual or perceived conflicts of interest. We therefore discourage any staff from accepting positions with client firms. However, if a member of staff takes a position with you within six months of ceasing employment with us, we shall be entitled to charge you a fee equivalent to 35% of their gross salary including benefits and bonuses in their first year, plus VAT. This fee is set at a level which recognises the commercial costs to us in recruiting a replacement member of staff and the attendant training and induction costs.

Section 15 Intellectual Property Rights

The intellectual property rights in any document we create and supply to you, whether supplied by electronic, hard copy or other means, vest in Oliver Elliot. On request, we may grant a license (either limited or unlimited) to allow you to make copies of, modifications to, or otherwise disseminate such material. Should you make any modifications to any such document, we cannot be held responsible for the consequences either to yourself or any third party that may arise as a result of using that document.

Section 16 Electronic Transmissions

All authorised transmissions sent via electronic mail by us are accompanied by a disclaimer. This disclaimer advises you that you should not rely exclusively on the contents of such messages, owing to the relative ease with which such electronic transmissions can be interfered with. We may monitor electronic mail transmissions sent to and from Oliver Elliot. By entering into this engagement, you acknowledge that such monitoring may occur. Should you require confirmation of the contents of such transmissions or the attachments thereto, please request that a hard copy be sent to you. You should be aware that electronic mail transmissions, and their attachments, may contain viruses or other damaging material. You should make arrangements for all such incoming messages to be appropriately checked. We can accept no responsibility for any loss or damage arising as a result of a virus or similar material being sent to you. Should we receive a document from you, we shall act on that transmission in good faith. Should any loss or damage occur as a result of us acting in good faith on instructions received electronically or by facsimile, we shall not be responsible for any such loss or damage.

Section 17 Cessation of the Director’s Powers

Your attention is drawn to the provisions of Section 103 of the Insolvency Act 1986, which states that on the appointment of a Liquidator, all the powers of the directors cease, except so far as the Liquidation committee or, if there is no such committee, the creditors sanction their continuance.

Section 18 Conversion To Creditors Voluntary Liquidation

As this case is planned to be a solvent liquidation, we do not envisage this issue will arise. However, if for any reason it appears the Company will be unable to pay its debts in full, together with interest at the statutory rate, the Liquidator will be obliged to seek a decision of creditors with a view to placing the Company into Creditors Voluntary Liquidation (“CVL”), which is an insolvent process. In that event, we would need to review whether the Company or any of its directors or shadow directors had been a client of this firm previously.

If the Company was required to enter into CVL then as we would have had a prior relationship with the Company and/or its directors or shadow directors, it is unlikely (unless we concluded that the Company would eventually be able to pay its debts in full, together with interest and creditors approved the appointment) that we could continue to act as Liquidator in any subsequent CVL.

Section 19 Help us to give you the right service and Complaints Procedures

In order to help us to give you the best service we shall investigate complaints expeditiously in the ordinary course of business. If at any time you would like to discuss with us how our service to you could be improved or if you are dissatisfied with the service you are receiving, please let us know by emailing us at contact@oliverelliot.co.uk. We will use best endeavours to look into any complaint carefully and promptly and to do all we can to explain the position to you.

In order to help us to give you the best service we have set up procedures to comply with the Institute’s Bye-Laws regarding the investigation of complaints.

If at any time you would like to discuss with us how our service to you could be improved or if you are dissatisfied with the service you are receiving, please let us know by telephoning Elliot Green on 020 3925 3613.

We undertake to look into any complaint carefully and promptly and to do all we can to explain the position to you. If we have given you a less than satisfactory service we undertake to do everything reasonable to put it right.

Oliver Elliot places a high priority on client service and are keen to ensure that the quality of this is maintained. We are committed to providing a professional, fair, efficient and courteous service to all participants in the insolvency process, whether they are creditors, directors, shareholders, bankrupts or debtors.

In the event that you are dissatisfied with the service you are receiving then we want you to contact us immediately in order that we can and we will try to resolve your complaint.

In the first instance, please try to resolve your complaint by emailing our CEO, Elliot Green at elliot.green@oliverelliot.co.uk.

In order to assist us with dealing with your complaint as quickly and efficiently as possible, your letter of complaint should include as much detail as possible and, in all cases, the following information:

Your name and address;

• The full name of the insolvency case together with the Court name and number if applicable;
• Copies of any relevant correspondence and documents relating to the complaint;
• The name of the person or persons against whom your complaint is made;
• Full details of your complaint;
• An explanation of how you would like us to resolve your complaint.

As the process continues, please let us know as soon as possible if your circumstances or expectations change or if any of the information provided with your letter of complaint changes or ceases to become applicable.

In the unfortunate event that it is not possible for Oliver Elliot to resolve your complaint, you can refer the complaint to The Insolvency Complaints Gateway, “www.gov.uk/complain-about-insolvency-practitioner”. The Insolvency Complaints Gateway will review the complaint and decide whether it is appropriate to refer the matter to our CEO, Elliot Green’s authorising body, The Institute of Chartered Accountants in England and Wales.

Please note that the Insolvency Service, the body responsible for running the Insolvency Complaints Gateway, encourages a complainant, in the first instance, to attempt to resolve any complaints via the internal complaints process of the firm in respect of which the complaint is being made.

If you have difficulty accessing the online complaints form you can also make your complaint through the Insolvency Service Enquiry Line – email insolvency.enquiryline@insolvency.gov.uk or telephone: 0300 678 0015 and you will be taken through the same questions over the phone. You can post a complaint to IP Complaints, 3^rd Floor, 1 City Walk, Leeds, LS11 9DA.

Section 20 Contracts (Rights of Third Parties) Act 1999

Persons who are not party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

Section 21 Applicable Law

This engagement shall be governed by, and construed in accordance with, English law. The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the engagement letter and any matter arising from it. Each party irrevocably waives any right it may have to object to an action being brought in those Courts, to claim that the action has been brought in an inconvenient forum, or to claim that those Courts do not have jurisdiction.

Please note any advice we provide will not usually attract legal and professional privilege. If you require advice which affords such potential protection then you may wish to seek it from a party authorised to provide the same such as a solicitor.

Section 22 Agreement of Terms

You (the client) agree to fully indemnify and hold harmless Oliver Elliot Limited and or its Director(s), against all and any claims arising in respect of any aspect of this engagement suffered by you and its personnel as a result of performance or non-performance of this engagement, including but not limited to any introduction and or referral to a third party service provider pursuant to this engagement and any advice provided by such a third party.

Once it has been agreed, this engagement will remain effective until it is replaced. Any variation or replacement of this engagement’s terms can only be through a registered (de jure) director of Oliver Elliot Limited. No other party has ostensible or actual authority to bind Oliver Elliot Limited. The terms of this engagement has no effect upon the liquidator of the Company, their actions and or their fees.

This engagement’s terms specifically in relation to the fees of Oliver Elliot Limited, supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to its subject matter. There shall be no remedies available to the Company and its directors in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out herein in relation to the fees of Oliver Elliot Limited.

The Company and its directors shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this engagement’s terms.

We reserve the right to amend these terms and conditions during the engagement. Our updated latest engagement terms can be viewed here https://www.oliverelliot.co.uk/engagement-terms-mvl/ We should be grateful if you would confirm your agreement to the terms of this engagement, or let me know if they are not in accordance with your understanding of our terms of appointment. Nothing in this engagement is to be taken as giving rise to any liability on the part of the Oliver Elliot or Elliot Green in relation to advice given or consideration afforded, whether to the company or the company’s Directors.