Connected, Associated and Control Under the Insolvency and Pensions Legislation

Connected and Associated: Insolvency and Pensions Law discusses, in detail, the meaning and scope of the ’connected’, ’associated’ and ’control’ tests used in the Insolvency Act 1986. These are in sections 249 and 435, and are incorporated by reference in pensions legislation. It also looks at the linked connected person test in The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021.

Connected and Associated: Insolvency and Pensions Law will help you to:
- Decide whether a person is connected or associated with another under the insolvency test for the purposes of preferences, transactions at an undervalue, or voting in creditor meetings
- Decide whether there is a risk of falling within the potential target net for a contribution notice or financial support direction under the moral hazard powers of the Pensions Regulator in the Pensions Act 2004
- Check whether an investment by a pension scheme is within the limits on employer-related investment under the Pensions Act 1995
- Work out when a disposal by an administrator will be to a connected person
- Work out who satisfies the independence test for an evaluator
- Deal with connected person voting majorities in a creditor vote in a CVA and a Part A1 Moratorium
- Understand the implications of the Administration (Restriction on Disposal etc. to Connected Persons) Regulations 2021

Written by David Pollard, one of the leading experts in this field, this is the only in-depth review of the complex test for connected or associated persons and, as such, is an essential title for insolvency and pension lawyers, litigators, pension trustees, employers, investors, lenders and their advisers.

David Pollard is a leading and highly experienced lawyer in the insolvency and pensions fields and in related areas. He is a barrister, practising from Wilberforce Chambers in Lincoln’s Inn, and previously practised for 37 years as a solicitor in London and Singapore. David’s practice focuses on pensions law; insolvency law and; employment law (involving pensions). He was Chairman of the Association of Pension Lawyers (APL) from 2001 to 2003 and has been a vice chair of the Industrial Law Society.

This title is included in Bloomsbury Professional’s Pensions Law online service.

David is a leading and highly experienced lawyer in the pensions field and related areas. He switched to practice as a barrister at the end of 2017, after 37 years practice as a solicitor, including 25 years as a partner in law firm Freshfields Bruckhaus Deringer. David’s practice focuses on:
Pensions law
Insolvency law
Employment law (involving pensions).
David’s practice as a solicitor included advising employers and trustees in relation to pension law matters, including corporate transactions, scheme funding, scheme mergers, scheme changes, employer insolvency and Pensions Regulator issues.