Eileen Maclean
Eileen Maclean is a licensed insolvency practitioner with over 30 years' experience of all aspects of personal and corporate insolvency in Scotland. Nine of those years were spent with EY in Edinburgh, where she passed her Joint Insolvency Exam, and commenced her MBA.
Spotting an opportunity in the market, Eileen has been providing bespoke support services to the insolvency profession since 1999, including outsourcing and technical support, compliance reviews and extensive training programmes. She is recognised as the foremost trainer of Scottish insolvency throughout the UK, and for her thought leadership across the profession.
Eileen specialises in complex issues and dispute resolution, where she combines detailed knowledge of the law with a pragmatic approach to get proven results for clients. She excels in compliance and practical advice and in the words of a peer, 'what she doesn't know about insolvency isn't worth knowing'.
Eileen represented Scotland on R3's National Council for six years. She continues to provide valuable input into government consultations and SIPs as an active member of the R3 Scottish Technical Committee. She represents the IPA on the PTD Standing Committee, R3 on the Bankruptcy Stakeholder Group and is a member of the AiB's Policy and Cases Committee.
Practice Area
Panel
- Scottish Panel
Qualified Year
- 1995
Membership
- Insolvency Practitioners Association since 1996
- Association of Business Recovery Professionals (R3) since 1996
Education
- MA (Hons) English Literature, University of Aberdeen 1987
- Joint Insolvency Exam 1995
- MBA, Open University 2001
2 Contributions by Eileen Maclean
PRACTICE NOTES
Members’ Voluntary Liquidations in Scotland: Law and Procedure under the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 and 2021 (Amendment) Rules
The Insolvency (Scotland) (Receivership and Winding up) Rules 2018
The Insolvency (Scotland) (Receivership and Winding up) Rules 2018 (ISRWR 2018), SSI 2018/347, were presented to the Scottish Parliament on 14 November 2018 and took effect from 6 April 2019. As a result, these Rules altered the procedure for members’ voluntary liquidations (MVLs) in Scotland. Later, the Insolvency (Scotland) (Receivership and Winding Up) (Amendment) Rules 2021 (ISRWAR 2021), SI 2021/1025, were placed before the Scottish Parliament on 9 September 2021 and commenced on 1 October 2021. These subsequent Regulations amend the original Rules. Accordingly, this Practice Note addresses the law, procedures and practice governing Scottish MVLs from 6 April 2019 onwards, as contained in ISRWR 2018, SSI 2018/347, Part 3, and ISRWAR 2021, SI 2021/1025, Part 2.
What is an MVL?
An MVL is the procedure whereby a company’s members pass a special resolution to cease trading and appoint a liquidator to return the company’s capital to shareholders, culminating in the company’s dissolution. It is suited to solvent liquidations and must be used where the capital...
Restructuring & Insolvency
PRACTICE NOTES
Scotland: Remuneration of insolvency office‑holders in corporate liquidation, administration, receivership and CVAs: basis, approval, accounting periods, reporting, pre‑appointment costs, appeals and court reporter practice
Introduction and background
The Bankruptcy (Scotland) Act 1985 (B(S)A 1985) took effect in 1986 and laid out, in detail, the processes for managing sequestration (Scottish bankruptcy). When the Insolvency (Scotland) Rules 1986, SI 1986/1915, were issued shortly afterwards for corporate insolvency in Scotland, they drew upon the newly enacted B(S)A 1985 provisions and tailored them for liquidation, particularly for adjudication of claims, accounting periods, and approval of the liquidator’s remuneration. Accordingly, the 1986 liquidation rules directed readers to the relevant parts of B(S)A 1985, with instructions to read ‘liquidation’ for ‘sequestration’ and ‘liquidator’ for ‘trustee’. With the advent of the ‘new’ administration regime in 2003 under the Enterprise Act 2002, the administration rules covering adjudication of claims, accounting periods and approval of the administrator’s remuneration simply cross-referenced the liquidation rules, which themselves referred back to sequestration and B(S)A 1985. Thus, the approach to adjudication of claims and the approval of remuneration across sequestration, liquidation and administration was broadly consistent and founded on B(S)A 1985. The Insolvency (Scotland) Amendment Rules 2010, SI 2010/688 began...
Restructuring & Insolvency
If you expected to see yourself on this page, click here.
