Corporate Insolvency and Governance Act: Difference between revisions

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''Law - UK - insolvency - COVID-19''.
''Law - UK - insolvency - COVID-19''.
(CIGA).


The UK's Corporate Insolvency and Governance Act 2020 was enacted in response to COVID-19.
The UK's Corporate Insolvency and Governance Act 2020 was enacted in response to COVID-19.


It also accelerated a number of other reforms to UK insolvency law.
It also accelerated a number of other reforms to UK insolvency law.
:<span style="color:#4B0082">'''''UK business rescue culture aligning with US & Chapter 11'''''</span>
:"The permanent insolvency measures contained in the Act (previously announced by the Government, and in development before Covid-19) mark a major change in UK insolvency law towards a business rescue culture more in line with U.S. insolvency (chapter 11)."
:''UK House of Commons Library - 1 July 2021.''




Among other changes, the Act:  
Among other changes, the Act:  


*Introduced a credit moratorium for businesses, to give them more time to seek a rescue.
*Introduced a temporary credit moratorium for businesses, to give them more time to seek a rescue.
*Prohibited termination clauses engaging on insolvency, to prevent suppliers ceasing supply or asking for additional payments while companies enter rescue proceedings.  
*Prohibited termination clauses engaging on insolvency, to prevent suppliers ceasing supply or asking for additional payments while companies entered rescue proceedings.  
*Introduced a new business restructuring plan procedure.
*Introduced a new business restructuring plan procedure.
*Temporarily removed the threat of personal liability for wrongful trading for directors seeking to keep companies afloat during the crisis.
*Temporarily removed the threat of personal liability for wrongful trading for directors seeking to keep companies afloat during the crisis.
*Temporarily prohibited creditors from filing statutory demands or winding up petitions for COVID-19 related debt.
*Temporarily prohibited creditors from filing statutory demands or winding up petitions for COVID-19 related debt.
The temporary measures mostly expired in 2021, with a further transitional period for some of them up to 31 March 2022.




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* [[COVID-19]]
* [[COVID-19]]
* [[Creditors]]
* [[Creditors]]
* [[House of Commons]]
* [[Individual Voluntary Arrangement]]
* [[Individual Voluntary Arrangement]]
* [[Insolvency]]
* [[Insolvency]]
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* [[Winding up petition]]
* [[Winding up petition]]
* [[Wrongful trading]]
* [[Wrongful trading]]
==External link==
[https://commonslibrary.parliament.uk/research-briefings/cbp-8971/ Corporate Insolvency and Governance Act 2020 - UK House of Commons Library - research briefing]


[[Category:Accounting,_tax_and_regulation]]
[[Category:Accounting,_tax_and_regulation]]
[[Category:The_business_context]]
[[Category:The_business_context]]

Latest revision as of 16:08, 7 July 2022

Law - UK - insolvency - COVID-19.

(CIGA).

The UK's Corporate Insolvency and Governance Act 2020 was enacted in response to COVID-19.

It also accelerated a number of other reforms to UK insolvency law.


UK business rescue culture aligning with US & Chapter 11
"The permanent insolvency measures contained in the Act (previously announced by the Government, and in development before Covid-19) mark a major change in UK insolvency law towards a business rescue culture more in line with U.S. insolvency (chapter 11)."
UK House of Commons Library - 1 July 2021.


Among other changes, the Act:

  • Introduced a temporary credit moratorium for businesses, to give them more time to seek a rescue.
  • Prohibited termination clauses engaging on insolvency, to prevent suppliers ceasing supply or asking for additional payments while companies entered rescue proceedings.
  • Introduced a new business restructuring plan procedure.
  • Temporarily removed the threat of personal liability for wrongful trading for directors seeking to keep companies afloat during the crisis.
  • Temporarily prohibited creditors from filing statutory demands or winding up petitions for COVID-19 related debt.


The temporary measures mostly expired in 2021, with a further transitional period for some of them up to 31 March 2022.


See also


External link

Corporate Insolvency and Governance Act 2020 - UK House of Commons Library - research briefing