Student Text 1998 by Marjorie Kinnan Rawlings

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Student Text 1998 by Marjorie Kinnan Rawlings

This book is the first looking in detail at the meaning and ambit of the 'connected', 'associated' and 'control' tests used in the Insolvency Act 1986 in sections 249 and 435 and incorporated by reference in pensions legislation.

Insolvency and pensions legislation has, in a number of areas, sought to include a wider group of linked persons for statutory purposes. In practice, the pensions legislation does not include a completely new definition of such a linked person, but instead uses the existing definitions found in the Insolvency Act 1986. These tests are important in insolvency law in relation to issues such as voting in company voluntary arrangements and time limits for reversal or clawback of pre insolvency transactions (eg undue preferences or transactions at an under value). These definitions in IA 1986 have become of particular importance when incorporated in pensions legislation. The tests are incorporated in various areas of pensions law. The two most important of which are:

- the moral hazard powers of the Pensions Regulator under Part 1 of the Pensions Act 2004. Broadly the Pensions Regulator has statutory power to issue either contribution notices -CNs (PA 2004, s38) or financial support directions - FSDs (PA 2004, s43) against third parties (i.e. not just the employer) in certain circumstances. But this power is limited to being only exercised against third parties who are connected or associated with an employer. The connected or associated test is the condition to liability (there are others) that is most objective and easiest to determine.

- Limits are imposed on investment by relevant occupational pension schemes in investment which are employer-related (PA 1995, s40 and regulations). These are defined as investments in an employer or any person associated or connected with an employer. In some circumstances investment contrary to the limits is a criminal offence.
Rawlings, Marjorie Kinnan: - Marjorie Kinnan Rawlings (1896-1953) lived for twenty-five years in Cross Creek, Florida, the area that is the setting for The Yearling, which was awarded the Pulitzer Prize in 1939. She is the author of several earlier novels as well as a memoir, Cross Creek, which inspired the acclaimed motion picture of the same name.
SKU Unavailable
ISBN 13 9780030547782
ISBN 10 0030547784
Title Student Text 1998
Author Marjorie Kinnan Rawlings
Series Holt Mcdougal Library Middle School With Connections
Condition Unavailable
Binding Type Hardback
Publisher Holt McDougal
Year published 1998-09-30
Number of pages 448
Cover note Book picture is for illustrative purposes only, actual binding, cover or edition may vary.