S.I. No. 209/2013 - Personal Insolvency Act 2012 (Authorisation and Supervision of Personal Insolvency Practitioners) Regulations 2013.

1. Qualified accountant and a member of a prescribed accountancy body2. Qualification as a barrister at law3. Solicitor’s practicing certificate4. Qualified Financial Adviser Diploma 5. Copy of certificate/diploma from a relevant professional educational body confirming satisfactory completion of a course on personal insolvency law and practice in the State6. Copy of any educational qualification/certificate which you believe is applicable to the role of a personal insolvency practitioner

PII

Cover (Part C)

Written evidence of PII cover (copy of policy or similar) or that cover will be available upon authorisation.

Letter of Intent from Insurance Undertaking (Part C)

Copy of your current Tax Clearance Certificate (Part C)

Signed Declaration (Part F)

Completed Accountants Report (Part G)

The Minister for Justice and Equality consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Justice and Equality,

21 June 2013.

ALAN SHATTER,

Minister for Justice and Equality.

GIVEN under the seal of the Insolvency Service of Ireland,

21 June 2013.

LORCAN O CONNOR,

Director of the Insolvency Service of Ireland.

CATHY CLARKE,

A Member of the Staff of the Insolvency Service of Ireland Authorised by the Director of the Insolvency of Ireland to Authenticate the Seal of the Insolvency Service of Ireland.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations set out the qualification criteria, authorisation requirements and regulatory standards which must be met for an individual to be authorised by the Insolvency Service of Ireland to carry on the practice of a personal insolvency practitioner together with the prescribed application form to be completed by applicants.

2. ____________________________ ______________[Address]

I, ______________, am aware that appropriate financial systems and controls are required to be in place for the protection of moneys received from debtors.

I acknowledge the requirement—

(

a

) that there is in place a written procedure that establishes clear accountability for the handling of funds, which ensures that receipt of funds from debtors is properly accounted for, are protected, and the funds are identifiable to specific debtors;

(

b

) that there is a written procedure to ensure that all cheques and other negotiable instruments are promptly endorsed and a follow-up system has been established to ensure that post-dated cheques are always deposited on the date of the cheque or within appropriate time frames;

(

c

) that appropriate experienced personnel are engaged to monitor, on a constant basis, funds received versus funds due and payments made and they have the ability to investigate and resolve any differences that arise;

(

d

) that the duties of collecting / receiving funds, maintaining documentation, making deposits or payments and reconciling records is distributed between two or more appropriate experienced individuals.

I hereby declare that appropriate financial systems and controls, as set out in matters (

a

) to (

d

) above, are/will be in place for the protection of moneys received from debtors before any personal insolvency services are provided by me.

Signed

Print Name

Dated

PART II — Accountant’s Declaration

This report is given for the purposes of section 163 (2) (

b

) of the

Personal Insolvency Act 2012

.

______________ [Name of accountant or accountancy firm], a qualified accountant who is a member of a recognised accountancy body within the meaning of the European Communities (Statutory Audits) (Directive 2006/43/EC) Regulations 2010 (

S.I. No. 220 of 2010

) and holds a valid practising certificate, has examined the above declaration and matters (

a

) to (

d

) above and supporting documentation in respect of matters (

a

) to (

d

).

The applicant is responsible for making an application that is correct in all material particulars.

The applicant is also responsible for operating effective and appropriate financial systems and controls for the protection of moneys received from debtors. An appropriate framework of financial systems and controls provides reasonable, but not absolute, assurance that the moneys received from debtors are protected.

My/Our responsibility is to examine the declaration and the supporting evidence; and to express an opinion as to whether the applicant has or intends to have in place appropriate financial systems and controls as set out in matters (

a

) to (

d

) in the above declaration.

In my/our opinion, based on my/our examination, the applicant (has/ on the basis of representations made to me/us by the applicant, is intending to have) in place appropriate financial systems and controls, as set out in (

a

) to (

d

) above for the protection of moneys received from debtors, before any personal insolvency services are provided.

I/we have received all the explanations and information I/we require to form my/our opinion.

Signed: ______________ Date: ______________

Accountant (for and on behalf of [name of accountancy firm])

Particulars of accountant

(Firm’s) Name

(Firm’s) Address

Accountancy body of which a member

Membership Number

Note for applicant

Please note that the application will only be processed once this report is complete and received.

Part H — Checklist

The Insolvency Service of Ireland will NOT commence the processing of any application if it is not complete in all respects. Applications will be treated as incomplete unless all questions raised in the application form are fully answered and all applicable supporting documentation (as outlined in the checklist below) has been received by the Insolvency Service of Ireland. Incomplete applications will be returned to you as invalid. Applications that have to be re-submitted will be treated as a new application.

Applicant

ISI USE ONLY

Completed Application Form

(signed and all questions answered)

Registration of Business Name Certificate (Part A)

If applicable, a business name registration certificate issued by the Companies Registration Office must be supplied in relation to all trading names (if different to the legal name) that the applicant wishes to use in relation to acting as a personal insolvency practitioner. Please contact the Companies Registration Office (www.cro.ie) if you have any queries in relation to your business name registration certificate. An authorisation will only be granted to an individual and not a company or partnership.

Qualification Certificates (Part B)

3. Give the name of the authorised signatories on the DSA/PIA accounts.

Title

First Name

Surname

Position Held

4. Will your accounting records and other practice records be held at your principal business address?

Yes

No

If No, please provide the address where the records will be held.

5. Give the name, address and telephone number of your accountants/auditors, the date of their appointment and the name of your contact person within the firm.

Name of Auditors

Address Line 1

Address Line 2

Address Line 3

Address Line 4

Telephone Number

Name of Contact Person

Date of Appointment

______________ (dd/mm/yyyy)

6. Give the name, address and telephone number of your legal advisors, the date of their appointment and the name of your contact person within the firm.

Name of Solicitor’s Firm

Address Line 1

Address Line 2

Address Line 3

Address Line 4

Telephone Number

Name of Contact Person

Date of Appointment

______________ (dd/mm/yyyy)

Part F– Personal Insolvency Practitioner Declaration

I, ______________, (insert your name) apply under

section 163

of the

Personal Insolvency Act 2012

for authorisation under

section 164

of the

Personal Insolvency Act 2012

on the basis of information supplied on this form and any additional information supplied to the Insolvency Service of Ireland in connection with this application.

I acknowledge that the Insolvency Service of Ireland may process and disclose such information in the performance of its statutory functions or otherwise as may be specifically authorised by law.

I warrant that I have truthfully and fully answered the relevant questions in this application and disclosed any other information which might reasonably be considered relevant for the purpose of this application.

I am aware that it may be an offence and/or grounds for refusal of my application and/or grounds for revocation of an authorisation granted on foot of this application to knowingly or recklessly

a. provide false or misleading information and/or to make a false or misleading statement (which I acknowledge may include the withholding by me of relevant information) in this application for approval and/or;

b. fail to inform and/or withhold from the Insolvency Service of Ireland details of any material change in circumstances/new information which is relevant and/or material to this application.

I undertake that I will promptly notify the Insolvency Service of Ireland of any changes in the information I have provided and supply any other relevant information, which may come to light in the period during which the application is being considered and, if this application is accepted, thereafter.

I am aware of the provisions of the

Personal Insolvency Act 2012

and reasonably believe that I can meet the requirements of that Act and the Regulations made under it.

Signed

Print Name

Dated

Part G — Application to be authorised as a personal insolvency practitioner: Accountant’s report to the Insolvency Service of Ireland

Please note this report is to be completed by a qualified accountant who is a member of a recognised accountancy body within the meaning of the European Communities (Statutory Audits) (Directive 2006/43/EC) Regulations 2010 (

S.I. No. 220 of 2010

) and holds a valid practising certificate.

To: The Insolvency Service of Ireland

This report is given for the purposes of section 163(2) (

b

) of the

Personal Insolvency Act 2012

.

PART I — Applicant’s Declaration

7. Set out whether the employees will be employed by you or by your employer (if any) and if the latter, provide an explanation, on a separate sheet, as to how such arrangement will permit you to carry on effectively the functions of a personal insolvency practitioner under the Act.

By me, as employer

By my employer

8. Provide an estimate of the number of debtors for whom you anticipate acting as a personal insolvency practitioner in the first year of trading.

Number of debtors: ______________

9. Please provide an estimate of your projected turnover from your activities as a personal insolvency practitioner in your first year of operating.

Turnover: € ______________

Part E — Banking Arrangements & Professional Advisors

10. Address of your proposed principal place of business (i.e. the main place you will operate from/ the contact address)

11. State whether you would be self-employed or employed when practicing as a personal insolvency practitioner

12. If employed, please provide the name of your employer

13. Contact details of applicant

Telephone Number of Principal Business

Mobile Number

Fax Number

Direct e-mail address (to be used in future correspondence) *

Website Address

* All correspondence from the Insolvency Service of Ireland will be sent to this e-mail address

14. Where the business will operate from

Home

Separate Office

15. If you are currently authorised and/or supervised by a regulatory authority inside or outside of the State please provide the following details

Regulatory Authority (including relevant country where it is not the State)

Regulated Activity

Details of licence/ authorisation held

Period for which authorisation is held

Part B — Fitness & Probity

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

25

th June

, 2013.

The Insolvency Service of Ireland, in exercise of the powers conferred on it under

Section 3

of the

Personal Insolvency Act 2012

and with the consent of the Minster for Justice and Equality, for the purposes of the control and supervision of personal insolvency practitioners and the protection of debtors and creditors who are or may become parties to a debt settlement arrangement or personal insolvency arrangement, hereby makes the following regulations

Citation and Purpose