1. GRIFFINS

Griffins are a partnership trading at Tavistock House South, Tavistock Square, London, WC1H 9LG

Kevin Goldfarb and Stephen Hunt are licensed to act as Insolvency Practitioners in the UK by the Institute of Chartered Accountants in England and Wales.

2. CLIENT ENGAGEMENT

Advice is given and services are provided to clients on the basis of the relevant engagement letter and the firm’s terms of business. By instructing the firm clients confirm their agreement to the firm’s engagement letter and terms of business.

No responsibility is assumed and no liability is accepted for information supplied or services rendered to someone who is not a client of the firm (including someone using this website) unless in writing we have expressly agreed otherwise. Please do not provide us with confidential, sensitive or legally privileged information before we have carried out a conflict check unless we ask you to do so.

3. MONEY LAUNDERING OBLIGATIONS

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 require us to conduct due diligence on all new clients and on-going monitoring of all existing clients.

We are required to verify and document the identity and address of every client of the firm (including the beneficial owner or effective controller of a company or trust and anyone purporting to act on behalf of a client). Sometimes we are able to verify and document the identity of a client through publicly available electronic data sources. If this is not possible, we will ask the client to provide us with the necessary information and documents. Periodically, or if their circumstances change, we may ask a client to provide us with up to date evidence of identity. If we are unable to obtain satisfactory evidence of identity, we will not be able to act, or continue acting.

We are also required to identify the source of all monies that will be paid to or controlled by the firm. We cannot accept funds unless the source has previously been disclosed to us and identified to our satisfaction. If payment is made to us in breach of this legal requirement, the funds may be frozen until their source and provenance has been established. 

The legislation which governs money laundering and the financing of terrorism has placed all professional advisers, including Insolvency Practitioners, under a legal duty in certain circumstances to disclose information to the National Crime Agency. Where an Insolvency Practitioner knows or suspects that a transaction involves money laundering or the financing of terrorists, he or she may be required to report their knowledge or suspicion to the National Crime Agency. If this happens, we will not be able to inform you that a disclosure has been made or of the reason for it, for legal reasons. We accept no liability for any loss, damage, costs or expenses that you incur by reason of such disclosure.

4. BRIBERY, CORRUPTION AND TAX EVASION POLICY

Insolvency Practitioners are bound by the Insolvency Code of Ethics when carrying out all professional work relating to an insolvency appointment. Our firm is committed to carrying on its business fairly, openly and honestly. Our business culture is one where bribery is never acceptable.

We always try to conduct our own business and our clients’ matters in compliance with applicable laws and regulations and to the highest ethical standards. We will never knowingly commit, or advise or assist a client or someone acting on behalf of a client to commit, an illegal act, including, without limitation, bribery, corruption or tax evasion.

We operate policies and procedures which comply with the United Kingdom’s anti-bribery and corruption laws and anti-tax evasion laws. They apply to all firm members and to anyone else who is working for or on behalf of the firm. We expect our own suppliers and the other professional advisers with whom we work from time to time to have similar policies and procedures in place.

Our policies prohibit the criminal facilitation of tax evasion. They also prohibit, either directly or via a third party, the offering, promising or giving of anything of value for an improper purpose or to gain a business advantage. The prohibition extends not only to financial rewards, but also to gifts, donations and services, and to entertainment of an unusual or excessive nature. Dealings with foreign government officials and other politically exposed people are subject to particular rules.

5. WARNING ABOUT FRAUDS, SCAMS AND CYBERCRIME

You should be alive to the possibility that a fraudster might for criminal purposes deliberately misrepresent himself or herself as a member of, or as someone acting on behalf of or working with, this firm. Such scams normally originate by email. Often such an email will either promise the recipient a share of a large sum of money in return for paying a modest sum up front (an advance fee fraud) or request personal or financial information about the recipient or the recipient’s bank account allegedly in order that money can be paid to them (an identity theft fraud). In an attempt to give legitimacy or respectability to the scam, sometimes the email will direct the recipient to a false website that intentionally replicates the look of a legitimate website (a cloned website) or without their knowledge or permission use the name of a legitimate organisation or person (including that of an insolvency firm or insolvency practitioner).

We only practice under the firm name ‘Griffins. If you receive an email or other communication purporting to come from or mentioning a firm which has a similar but not identical name to us, it will not have come from us and will be nothing to do with us. If you receive an email or other communication purporting to come from Griffins or someone holding themselves out as being a member or agent of Griffins, or if you are directed to a website which purports to Griffins’ website, and you have doubts or concerns about the provenance of the email, other communication or website, before taking any action please either contact the firm member you normally deal with or email Client.Services@griffins.net and they will tell you whether the email or other communication came from us or whether it is our website.

6. COMPLAINTS HANDLING PROCEDURE

Griffins place a high priority on client service and are keen to ensure that the quality of this is maintained. We are committed to providing a professional, fair, efficient and courteous service to all participants in the insolvency process, whether they are creditors, directors, shareholders, bankrupts or debtors.

In the event that you are dissatisfied with the service you are receiving then we want you to contact us immediately in order that we can and we will try to resolve your complaint.

In the first instance, please try to resolve your complaint with the individual with whom you have been dealing, or the case manager. It is suggested that the initial approach should be made by telephone as in some cases a simple misunderstanding can be cleared up successfully in this manner.

In the event that this does not resolve the issues you have raised to your satisfaction then please put your complaint in writing to the duly appointed Insolvency Practitioner, this may be the Liquidator, Trustee, Administrator or Supervisor of the case.

In order to assist us with dealing with your complaint as quickly and efficiently as possible, your letter of complaint should include as much detail as possible and, in all cases, the following information:

  • Your name and address;
  • The full name of the insolvency case together with the Court name and number if applicable;
  • Copies of any relevant correspondence and documents relating to the complaint;
  • The name of the person or persons against whom your complaint is made;
  • Full details of your complaint;
  • An explanation of how you would like us to resolve your complaint.

As the process continues, please let us know as soon as possible if your circumstances or expectations change or if any of the information provided with your letter of complaint changes or ceases to become applicable.

In the unfortunate event that it is not possible for Griffins to resolve your complaint, you can refer the complaint to The Insolvency Complaints Gateway, “www.gov.uk/complain-about-insolvency-practitioner”. The Insolvency Complaints Gateway will review the complaint and decide whether it is appropriate to refer the matter to the partner’s authorising body, The Institute of Chartered Accountants in England and Wales.

Please note that the Insolvency Service, the body responsible for running the Insolvency Complaints Gateway, encourages a complainant, in the first instance, to attempt to resolve any complaints via the internal complaints process of the firm in respect of which the complaint is being made.

7. PROFESSIONAL INDEMNITY INSURANCE

Griffins maintains professional indemnity insurance in an amount which exceeds the minimum level of cover required by the Provision of Services Regulations 2009. The policy covers professional services which the firm provides in the United Kingdom and worldwide and it extends to acts or omissions arising out of such services wherever they occur.

Griffins professional indemnity lead insurer is PartnerRe Ireland via Nexus Underwriting Ltd, 150 Leadenhall Street, London, EC3V 4QT.

8. ELECTRONIC COMMUNICATIONS

Electronic communication carries with it certain risks. Such communications might not be secure, might be intercepted, might carry viruses, might distort during transmission or might arrive late or not at all. Unless in writing we inform you otherwise, any emails we send to you will not be encrypted.

By using email or fax to communicate with us you consent to us communicating with you in the same manner. Unless in writing you expressly prohibit electronic communication, we may use email and/or fax to communicate with you and others involved in your matter.

Anyone who communicates with us electronically or who does not expressly prohibit such communication will be assumed to accept the associated risks. We accept no liability for any inadvertent breach of confidence or privilege, or for any loss or damage that occurs, as a result communication by email or fax.

We use anti-virus software, which is updated regularly, but we accept no liability for viruses. We expect you to use, and to rely on, your own anti-virus software. We recommend that you scan all emails and any attachments for viruses before opening them. We also advise you to confirm any advice received by email before acting on it.

We monitor electronic communications (including email) in order to protect our business and our clients and to ensure that our legal and regulatory obligations and our internal policies and procedures are being complied with.

9. DATA PRIVACY NOTICE

The Data Protection Act 1998 (DPA 1998) defines the ways in which information about living people may be legally used and handled. The main intent of the Act is to protect individuals against misuse or abuse of information about them. The DPA was first composed in 1984 and was updated in 1998. A new Data Protection Bill has been announced which will implement the General Data Protection Regulation 2016 (the “GDPR”) which comes in force on 25th May 2018 and will govern the processing of personal data moving forward.

 Personal Data

Personal data relates to a living individual (data subject) who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession.

 Sensitive Personal Data

GDPR provides a separate definition for “sensitive personal data”. This relates to information concerning a data subject’s racial or ethnic origin, political opinions, religious beliefs, trade union activities, physical or mental health, sexual life, or details of criminal offences.

Data Controller

A Data Controller is an organisation or a person who (either alone or jointly or in common with other persons) decides the purpose for which any personal data is to be processed and the way in which it is to be processed. For the purposes of DPA 1998 and GDPR, the data controller is Griffins, Tavistock House South, Tavistock Square, London WC1H 9LG

Use, legal basis, retention periods and sharing of personal data

Website

We only collect such personal data as is provided voluntarily by visitors to our website and is necessary in the circumstances.

We will use your personal data only for the purpose for which it was collected and will retain the data only for the period required to deal with your request. For example, if you send us an email message requesting information about Griffins we will use your email address and other information you supply to respond to your request.

We do not disclose your personal data to third parties without your consent. We do not sell your personal data or provide it to third parties for their direct marketing use. If we wish to add your personal data to our CRM (Contact Relationship Management) database which we use to develop our relationship with current and prospective contacts we will contact you and obtain your consent to do so.

By using this website and submitting information to us you are agreeing to the collection and use of your personal and non-personal information (please also see our website cookies policy).

Contact / Client Data  

Is only held with explicit consent and used to provide industry updates and event information. It will be held for up to a period of 18 months from the last date of consent. We will not share your data with third parties outside of the firm without your consent.

Professional Services / Forensic Analysis

Personal data received in the course of providing professional services / forensic analysis is necessary for the performance of a contract with the data subject or to take steps to enter into a contract, or for the purposes of the legitimate interests pursued by a controller.

Our engagement letter and terms of business govern our relationship with clients, including consent, what we may do with personal data that is provided to us and retention periods.

Insolvency Appointments

In the UK, only a licensed Insolvency Practitioner (referred to as IP) can be appointed in relation to formal insolvency procedures for individuals and businesses. Insolvency Practitioners are licensed to advise on, and undertake appointments in, all formal insolvency procedures.

The functions of an IP are governed by:

  • The Insolvency Act 1986 (as amended)
  • The Insolvency Rules 2016 (as amended)
  • The Insolvency Practitioners Regulations 1990
  • The Insolvency Practitioners Regulations 2005
  • The Insolvency Practitioners (Amended Regulations) 2015
  • The Insolvent Companies (Report on Conduct of Directors) (England and Wales) Rules 2016
  • The Insolvent Companies (Report on Conduct of Directors) (Scotland) Rules 2016
  • The Small Business, Enterprise and Employment Act 2015
  • The Deregulation Act 2015
  • The Provisions of Services (Insolvency Practitioners) Regulations 2009
  • The Insolvent Partnership Order 1994
  • The Insolvency Amendment (EU 2015/848) Regulations 2017
  • The Insolvency (Regulations (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017
  • Statements of Insolvency Practice

In carrying out these functions the IP collects and uses personal data in order to:

  • Provide professional advice to try to prevent insolvency
  • Negotiate with the creditors, and other parties, of a company or individual
  • Realise the assets of an individual or company for the best possible return to creditors after marketing to a wide range of potential buyers
  • Carry out all statutory duties as required by law
  • Provide regular reports to creditors on the progress of insolvency procedures
  • Investigating company affairs and director conduct, where necessary, and file a report to the Insolvency Service.

The legal basis on which we process personal data when acting as data controller on insolvency appointments is/are:

  • a legal obligation to which the Data Controller is subject;
  • the performance of a task carried out in the public interest or in the exercise of official authority vested in the Data Controller;
  • for the purposes of the legitimate interests pursued by a Data Controller;
  • the establishment, exercise or defence of legal claims.
  • processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
  • processing relates to personal data which are manifestly made public by the data subject;
  • processing is necessary for reasons of substantial public interest.

We will keep your personal data for no longer than reasonably necessary. However, The Insolvency Practitioners Regulations 2005 require us to preserve records until the later of:

  • the sixth anniversary of the date of the grant to the insolvency practitioner of his release or discharge in that case; or
  • the sixth anniversary of the date on which any security or caution maintained in that case expires or otherwise ceases to have effect.

sufficient to show and explain:

  • the work the insolvency practitioner and their staff undertake in the course of the ‘administration’ of an insolvency appointment;
  • the decisions that may ‘materially affect’ the appointment.

We will not disclose your personal information unless we are obliged to do so or allowed to do so, by law, or where we need to do so in order to run our business.

Processing personal data

Griffins complies with its obligations under the DPA 1998 and GDPR by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data.

Your rights

Where Griffins acts as the Data Controller, you have the following rights with respect to your personal data:

  • The right to informed about the collection and use of your personal data;
  • The right to access your personal data and supplementary information;
  • The right to request that Griffins corrects any personal data if it is found to be inaccurate or out of date;
  • The right to request your personal data is erased where it is no longer necessary for Griffins to retain such data;
  • The right to withdraw your consent (where consent has been obtained) to the processing at any time;
  • The right to data portability, allowing you to obtain and reuse your personal data for your own purposes across different services. The right of data portability only applies:
    • to personal data an individual has provided to a controller;
    • where the processing is based on the individual’s consent or for the performance of a contract; and
    • when processing is carried out by automated means.
  • The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
  • The right to object to the processing of personal data, (where applicable);
  • The right to lodge a complaint with the Information Commissioners Office

Further Processing

If we need to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will update this website with a new notice explaining this new use prior to commencing the processing. This revised notice will set out the new relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.

Contact Details

To exercise all relevant rights, queries of complaints or to remove your information from our system, please contact the Data Manager at data.services@griffins.net or by telephone 020 7554 9600

You can contact the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.

10. WEBSITE COOKIES POLICY

A cookie is a small file which is placed on your computer’s hard drive and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.We only use cookies to monitor the performance of our website, to improve user experience and to provide information about usage of our site (including Google Analytics _utma, _utmb, _utmc, _utmz, which stores information used by Google Analytics to track user activity on the site).

A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. We only use this information for statistical analysis purposes and then the data is removed from the system.

There are two types of cookie you may encounter when using this website:

  • First party cookies: these are our own cookies, controlled by us and used to provide information about usage of our site.
  • Third party cookies: these are cookies found in other companies’ internet tools which we are using to enhance our site, for example Facebook or Twitter have their own cookies, which are controlled by them.

While we will endeavour to keep the list of Cookies we use above updated, the Griffins site relies on many third party services and the list may therefore become out of date if those services alter the cookies they use.

Please note that all of these Cookies exist to enable functionality on the website and not for advertising purposes. If you do not wish these cookies to be tracked you can disable them in your browser, but this may negatively affect your experience on the site.

Web browsers allow you to control cookies stored on your hard drive through the web browser settings. To find out more about cookies, including what cookies have been set and how to manage and delete them, visit http://www.allaboutcookies.org.

11. TERMS OF USE OF THIS WEBSITE

Information about this website:

This website is owned and operated by Griffins, who are an Insolvency Practitioners authorised and regulated by the Institute of Chartered Accountants in England and Wales.

Application and amendment of these website terms:

Use of this website does not create a client-Insolvency Practitioner relationship and is subject to the terms and conditions set out in this policy. These terms of use must be construed, and may be relied on and enforced, independently of each other. We may alter the terms of use at any time by publishing new terms on this website, following which all use of the website will be governed by the new terms. You should check this page from time to time and take note of any changes we make, as they will be legally binding on you.

Exclusions of liability:

Whilst we believe, and have taken reasonable measures to ensure, that this website is free of viruses, use of the website is at your own risk. All liability for loss or damage arising from your use of this website is excluded to the extent permitted by law. Whilst we have taken reasonable care to ensure that the content of this website and the publications on it is accurate and complete, the information on this website and in those publications is for information only and does not constitute professional advice. All liability for loss or damage arising from reliance on such information is excluded to the extent permitted by law.

Intellectual property rights:

Copyright in (and any other intellectual property rights that attach to) the content of this website or the publications on it (including, without limitation, the ‘Griffins’, marks, logos and branding) is owned by Griffins. You may download and temporarily store pages from this website for the sole purpose of viewing them. You may print any publication on this website so long as it is a complete copy, no amendment is made to it and it is only for personal use or use within your own organisation. None of the content of this website or the publications on it, whether or not permission is granted for downloading, printing or circulation, may be used for the purpose of commercial exploitation. Any other copying, transmission, distribution or storage of such content is prohibited without Griffins prior written consent.

Publications:

The publications on this website provide general information only. They must not be relied on as legal or professional advice. The information they contain might not be appropriate for your matter or circumstances. Users located abroad should also be aware that laws and regulations may be different outside England and Wales. Before you act or omit to act, you should take specific advice on any particular matter that concerns you. If you require any advice, please contact us.

Electronic links:

Electronic links to this website are prohibited without the prior written consent of Griffins. Any links to other websites provided by this website have been included for convenience only. Such links do not imply endorsement by Griffins of the linked website, its provider or its content. We accept no liability for the content of, or for any loss or damage caused by access to, use of, reliance on or software downloaded from, any linked website.

Governing law:

All issues relating to this website, the content of this website and the content of any publication published on this website are governed by English law. Unless Griffins elects otherwise, any dispute relating to such matters shall be subject to the exclusive jurisdiction of the English courts.

Accessibility:

We are committed to promoting equality of opportunity and respect for diversity in employment, in our dealings with clients and others and in the way in which we deliver our services. This website is designed to be accessible to as many users as possible by meeting or exceeding the requirements of current United Kingdom accessibility legislation and internationally accepted guidelines.

Inaccuracies and corrections:

We endeavour to keep your information as accurate and update to date as possible. If your information changes or you are made aware of any errors or inaccuracies, please contact us on client.services@griffins.net

Other matters:

Please note this site contains links to other sites which are not governed by this privacy statement.

Assistance:

If you experience any technical or other issues with this website, please email our Client Services Team on client.services@griffins.net