Rosalind Connor

Managing Partner

NEWS   |    January 26, 2021

Partner Rosalind Connor comments in the FT on how the Pensions Regulator will exercise its new powers

Business rescues may be hampered, or even scuppered, because of uncertainty among professional advisers over how the Pensions Regulator will exercise sweeping new powers, experts have warned.

Rosalind Connor commented:

“A very wide range of perfectly normal (corporate) activity might be caught by the new offences. It isn’t possible in advance to be able to work out what actions or events might fall foul of it.”

“If you are a lender, investor or even a landlord or supplier, and you run the risk by simply engaging with a business with a defined benefit pension scheme of being caught in the criminal justice system and going to trial by jury, a lot of people simply won’t want to take that risk, however remote.”

“Inevitably means that employers with defined benefit pensions will find there are fewer people to do business with, or help them in a rescue.”

Read Rosalind’s comments in the Financial Times.

The views in this article are intended for general information purposes only and should not be used as a substitute for professional advice. Arc Pensions Law and the author(s) are not responsible for any direct or indirect result arising from any reliance placed on content, including any loss, and exclude liability to the full extent. Always seek appropriate legal advice from a suitably qualified lawyer before taking, or avoiding taking, any action. If you have any questions on the points raised in the above, please do not hesitate to get in touch.

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