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    The UK Corporate Insolvency and Governance Act 2020 - greater protections for defined benefit pension schemes confirmed
    2020-06-25

    We reported in our previous blog published on 15 June 2020 (“The Corporate Insolvency and Governance Bill – a pensions perspective”) that a number of pensions concerns had been raised about the Corporate Insolvency and Governance Bill (the Bill). As a result, the Bill was subject to significant amendment and debate from a pensions perspective in the House of Lords.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, UK House of Commons, House of Lords
    Authors:
    Dawn Heath , Samuel Taylor
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    UK Corporate Insolvency and Governance Bill - as at 23 June 2020
    2020-06-24

    The Corporate Insolvency and Governance Bill has been described as an “extraordinary Bill for extraordinary times” . First published on 20 May 2020, it has had a rapid passage through the UK parliamentary process, so it could become law (an Act of Parliament) by the end of June. At the time of writing, the Bill is almost at the end of its parliamentary journey with only one final stage outstanding - a return to the House of Commons for a consideration of amendments - before it is sent for Royal Assent and becomes law.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, DLA Piper, Corporate governance, Coronavirus, UK House of Commons, House of Lords
    Authors:
    Robert Russell , Sarah Letson
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Corporate Insolvency and Governance Bill 2020
    2020-06-18

    The Corporate Insolvency and Governance Bill 2020 (the Bill) was published on 20 May 2020. Following completion of the Bill's third reading in the House of Commons, it is now proceeding through the House of Lords.

    The (the Bill) was published on 20 May 2020. Following completion of the Bill's third reading in the House of Commons, it is now proceeding through the House of Lords.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Gowling WLG, Coronavirus, UK House of Commons, House of Lords
    Authors:
    Julian C. Pallett , Christopher Stiles
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    The corporate insolvency and governance bill 2020: what pension scheme trustees need to know
    2020-06-18

    he Corporate Insolvency and Governance Bill 2020 (the Bill) was published on 20 May 2020. Following completion of the Bill's third reading in the House of Commons, it is now proceeding through the House of Lords.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Gowling WLG, Coronavirus, UK House of Commons, House of Lords
    Authors:
    Julian C. Pallett , Christopher Stiles
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Insolvency Bill will “seriously weaken” position of DB schemes and the PPF warn peers
    2020-06-17

    The detrimental impact of the Corporate Insolvency and Governance Bill on defined benefit (DB) pension schemes and the Pension Protection Fund (PPF) has been highlighted forcefully by peers in the first sitting of the Committee stage in the House of Lords, which took place yesterday. The leading statements made by peers, together with the Government’s response from Lord Callanan can be found below.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Fourth Amendment, Coronavirus, Carillion
    Authors:
    Tim Smith
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    New fears for the position of pension schemes on a corporate insolvency
    2020-06-17

    The Corporate Insolvency and Governance Bill (the "Bill") was published on 20 May 2020. The Bill introduces a new type of ‘moratorium’ whereby eligible companies can take 40 days to restructure without the threat of enforcement action from creditors.

    Filed under:
    European Union, United Kingdom, Employee Benefits & Pensions, Employment & Labor, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, House of Lords
    Authors:
    Stephen Richards , Naeem Noor
    Location:
    European Union, United Kingdom
    Firm:
    Stephenson Harwood LLP
    The Corporate Insolvency and Governance Bill - a pensions perspective
    2020-06-15

    The new Corporate Insolvency and Governance Bill (the Bill) has been introduced into the UK Parliament and proposes significant changes to insolvency law, including:

    Filed under:
    United Kingdom, Company & Commercial, Employee Benefits & Pensions, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Coronavirus, House of Lords
    Authors:
    Dawn Heath , Katharina Crinson , Samuel Taylor
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    The Geometry and Trigonometry of the Corporate Insolvency and Governance Bill - What’s the Pensions Angle?
    2020-06-15

    Part One

    The Corporate Insolvency and Governance Bill (the Bill) is passing through parliament at the moment. Some of the measures included in the Bill are in response to the current pandemic and will provide temporary easements for company directors from an acute economic downturn. Other measures have been under consideration for a while, and will be permanent.

    Our restructuring colleagues provide some insights into the proposed new measures on their blog page.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Squire Patton Boggs, House of Lords
    Authors:
    Philip Sutton
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Employee Considerations in Corporate Restructurings
    2020-06-10

    The impact of COVID-19 is yet to be fully realized, and many companies are yet to consider restructuring as a means to survive the pandemic, but all companies and all creditors can benefit now from learning how employee matters are treated in a bankruptcy proceeding under chapter 11 of the U.S. Bankruptcy Code (as amended, the Bankruptcy Code). This blog provides a high-level overview of some of the most material matters affecting an employee workforce in the context of a chapter 11 restructuring.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Winston & Strawn LLP, Employee Retirement Income Security Act 1974 (USA), Private equity, Collective bargaining agreements, Coronavirus, Affordable Care Act 2010 (USA), Title 11 of the US Code
    Authors:
    Steve Flores , Carrie V. Hardman , Scott E. Landau , August E. Huelle
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Corporate Insolvency and Governance Bill: Implications for Pension Schemes
    2020-06-08

    The Corporate Insolvency and Governance Bill was recently introduced into Parliament. While the effects of some of the changes proposed are intended to be only temporary, they have potential consequences for pension schemes.

    Changes of particular relevance are as follows:

    • Restrictions on the use of statutory demands for winding up petitions.
    • New Moratorium process
    • Court approved corporate restructuring plan

    The Bill received its second and third readings on 3 June 2020 and will now go to the House of Lords for consideration.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Shoosmiths LLP, Coronavirus
    Authors:
    Suzanne Burrell
    Location:
    United Kingdom
    Firm:
    Shoosmiths LLP

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