Small business is undoubtedly the lifeblood of economies, more so where those economies are emerging and developing. The promotion and nurturing of entrepreneurship is a key factor in economic success, not just for those entrepreneurs, but for the wider society, which, as stakeholders, benefits from the generation and distribution of wealth through economic and social policy. One unresolved question, however, is how to treat MSMEs (micro-, small- and medium-enterprises) in insolvency.

The new insolvency legislation currently making its way through parliament will have a significant impact on restructuring of distressed SME businesses (the moratorium is not available to companies with publicly traded debt in excess of £10 million). The government intend this as a smaller business rescue and reorganisation tool and not an insolvency or scheme of arrangement based balance sheet restructuring process.

The recast European Insolvency Regulation – impact on distressed debt investors

What's happening? 

In 2002, the European Insolvency Regulation (EIR) introduced a regime governing the administration of insolvent corporates or individuals which operate in more than one member state of the European Union (EU). A "recast EIR" will apply to insolvency proceedings commenced on or after 26 June 2017. 

Why are the EIRs important? 

Consensual restructuring continues to gain ground as the “go to process” for over leveraged and distressed business.

The state of insolvency office holder (“IOH”) regulation worldwide is a matter of some concern to the international bodies active in the insolvency field. The European Bank of Reconstruction and Development held a conference on 7 November 2014 to disseminate the findings of a two-year project into the IOH regulatory environment in its client group, of which 27 out of 35 were the subject of an assessment.

The economic consequences of the Coronavirus epidemic have heavily impacted stock markets worldwide as investors quantify and manage the risks in underlying businesses often by quickly disposing of their investments. Whilst investors can liquidate their positions quickly the challenges for business managers run deeper. Decisions take longer to impact results and can be overturned by the unpredictability of the crisis. Most businesses will be impacted in some way and for many it will take management teams into new territory, the “zone of insolvency”.

London schemes industry set back! Are we about to see an end to aggressive “schemes forum shopping”?

The collapse of Carillion, plus the publication of the National Audit Office’s (NAO) timely and perceptive report (www.nao.org.uk/wp-content/uploads/2018/01/PFI-and-PF2.pdf) on private finance initiatives (PFI) and Private Finance 2 (PF2), has sparked renewed public focus on the impact of such events on government finances. This has led to some scaremongering from the media:

‘PFI deals costing taxpayers billions.’ BBC, January 18