INS10265 - Steps VAS takes

The R3 Standard Terms and Conditions for IVAs

Introduction

R3 Standard Terms and Conditions

Procedure for proposals when the R3 Standard Terms and Conditions are used

VAS modifications to the R3 Standard Terms and Conditions

After discussion with the nominee

Click here to return to topIntroduction

The Association of Business Recovery Professionals (R3): Rescue, Recovery, Renewal has introduced Standard Terms and Conditions for IVAs for use by its members and the debtors whom they advise.

They were drawn up following consultations in which the Revenue and Customs played a key role. IPs are increasingly making use of them when proposals are drafted.

There are 72 clauses to the R3 Standard Terms. VAS has agreed all but two of these. VAS does not accept

  • clause 28: their definition of after acquired assets, and
  • clause 29: which permits IVA trusts to survive post-termination of the arrangement.

VAS does support the R3 Standard Terms subject to modification of these two clauses and the inclusion of some VAS specific clauses

Click here to return to topR3 Standard Terms and Conditions

The Standard Terms will be set out fully in each arrangement to which they apply.

When they are not used in their entirety the proposal will draw attention to any omissions or variations and give reasons for them.

Standard Terms are published by R3 and are available to IPs on their Website http://www.r3.org.uk. (The STG VA Technical Support (Technical/Training and STG Insolvency and EIS Technical Library Support C2s each have permissions to access the R3 website.)

VAS Team Managers and Casework Managers hold copies of the full Standard Terms.

Click here to return to topProcedure for proposals when the R3 Standard Terms and Conditions are used

Voting Team examiners need to carefully examine the commercial offer element of all proposals and all terms and conditions proposed when they differ from the R3 model.

When the R3 Standard Terms are used in VA proposals

  • Only examine the variations to, or omissions from, the R3 model.
  • Make sure when accepting the R3 Terms that they are modified as shown in the VAS Advice folder on the Worthing ‘V’ Drive: in the file ‘R3 standard terms &VAS mods’.

Click here to return to topVAS modifications to the R3 Standard Terms and Conditions

If any of the modifications are not accepted, then the VAS vote(s) for IR or C&E must be taken as a rejection.

Click here to return to topAfter discussion with the nominee

  • You may still need to propose modifications to the commercial offer, or included or excluded assets
  • But you should not modify the R3 Standard Terms other than as shown in the VAS advice folder. (See also INS10267 ‘Other terms and conditions’).