Commentary on Sections Transactions at an undervalue Section 55: Contribution notice where failure to comply with restoration order
209.Whereas section 54 provides for enforcement of the restoration order where it imposes an obligation to transfer or pay a sum of money, this section gives the Regulator power to issue a contribution notice where there is a failure to comply with a restoration order which has imposed an obligation to transfer assets other than money, such as property or land for example. Subsection (2) sets out that a contribution notice issued under this section imposes a duty on the person to whom it is issued to pay a specified sum to the trustees or managers of the scheme, or the Board of the Pension Protection Fund where it has assumed responsibility for the scheme. Subsection (3) provides that the contribution due may be either the whole or a specified part of the shortfall sum in relation to the scheme. Subsection (4) defines the “shortfall sum” as the Regulator’s estimate of the amount of the decrease in the value of the assets of the scheme as a result of the transaction at an undervalue.