The ‘new normal’ for Statutory Demands and Winding Up Petitions under the Corporate Insolvency and Governance Act 2020

On 26 June 2020 the Corporate Insolvency and Governance Act 2020 finally entered force. Now it is in its final form, Simon Newman and Christopher Pask of 1 Chancery Lane’s Property, Chancery & Commercial team will be providing their views on its provisions and their impact over a series of updates.

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UK CORPORATE INSOLVENCY AND GOVERNANCE ACT 2020

9 JULY 2020

IN THIS ISSUE:

Permanent Insolvency Changes A New Standalone Moratorium A New Restructuring Plan Ipso Facto Termination Clauses

Temporary Insolvency Changes Modification of Wrongful Trading Liability Statutory Demands Winding Up Petitions Winding Up Orders

Further Changes

Governance Changes Company Meetings Company Filings

Final Thoughts

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On the 26 June 2020, The Corporate Insolvency and Governance Act 2020 (the Act) officially came into force, giving companies breathing space to continue to trade through the pandemic and avoid insolvency

Many of these changes will be welcomed by trustees of incorporated charities. Here’s what you need to know for charitable companies and charitable incorporated organisations (CIO's), which are 'eligible bodies' for this purpose:

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In a recent virtual speech, Chair of the FCA, Charles Randell observed that some of the debt businesses have incurred in the Covid-19 crisis will become unaffordable and that lenders and regulators will need to tackle this overhang of debt quickly and fairly to prevent it becoming a drag on the economy. With an eye to the past, Mr Randall noted that the industry could not repeat the events of the 2008 crisis where the treatment of some SME customers caused serious damage to the trust in financial services institutions and in some cases to customers themselves.

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Intro

The UK insolvency regime has changed. Our earlier alert set out a brief overview of the changes. This is note provides more detail and flags some practical steps that the suppliers of goods and services may wish to consider.

In a nutshell

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