Corporate Insolvency and Governance Act: Difference between revisions
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*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 enter 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 (expired June 2021). | ||
*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 were | The temporary measures were originally scheduled to end on 30 September 2020. | ||
They were subsequently extended to | They were subsequently extended to September 2021 depending on the measure. | ||
Revision as of 14:40, 19 August 2021
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 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.
- 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 (expired June 2021).
- Temporarily prohibited creditors from filing statutory demands or winding up petitions for COVID-19 related debt.
The temporary measures were originally scheduled to end on 30 September 2020.
They were subsequently extended to September 2021 depending on the measure.
See also
- Balance sheet insolvent
- Cash flow insolvent
- Chapter 11
- Company voluntary arrangement
- Cost of financial distress
- COVID-19
- Creditors
- House of Commons
- Individual Voluntary Arrangement
- Insolvency
- Insolvency practitioner
- Insolvency Service
- London Approach
- Moratorium
- Restructuring plan
- Scheme of arrangement
- Solvency
- Statement of affairs
- Statutory demand
- Termination clause
- Voluntary liquidation
- Winding up petition
- Wrongful trading
External link
Corporate Insolvency and Governance Act 2020 - UK House of Commons Library - research briefing
