Directors' Duties and Related Matters, in the Context of COVID-19
EMEA UK 2 July 2021
Scope and Purpose of This Note
This note summarises the duties that directors of companies incorporated in England and Wales are subject to.
This note explains those duties, and matters that directors should consider in relation to them, in the context of the COVID-19 pandemic.
OVERVIEW
Welcome to the second edition of the insolvency insight bulletin from the insolvency specialists at Quadrant Chambers. All cases link to the relevant judgments.
Case Law
This is the first of a regular insolvency insights bulletin from the insolvency specialists at Quadrant Chambers. It is a short at a glance guide to the latest insolvency legislation changes and key cases, all cases link to the relevant judgments.
Legislation
WWRT Limited v Tyshchenko & Tyshchenko [2021] EWHC 939 (Ch)
Judgment date: 21 April 2021 (Bacon J)
Overview
This note sets out the circumstances in which a creditor may successfully lift a statutory moratorium against a company in administration in England and Wales, and in Singapore.
English law
1.Why use an electronic signature?
2.What is e-signing?
3.Is e-signing valid?
4.What types of document can be signed electronically?
5. Are there any restrictions/protocols relating to electronic signatures?
6. What is the position with overseas entities?
7. E-signing with a secure platform
8. E-signing without a secure platform
Why use an electronic signature?
Enforcement options in England & Wales – recent High Court judgment provides rare guidance on Orders for Questioning
Once the litigation or arbitration has been fought and you obtain a judgment in your favour, if your opponent does not pay up, a new process will begin in attempting to enforce that judgment.
The Corporate Insolvency and Governance Bill received its first reading in the House of Commons on 20 May 2020, several months after Alok Sharma first announced what we expected to be the biggest changes to insolvency law in decades.
On 2 June 2020, Mr Justice Morgan handed down his judgment in the case of Re: A Company [2020] EWHC 1406 (Ch) in which a High Street retailer (whose identity is not disclosed) applied to restrain the presentation of a winding-up petition based on the provisions of the yet-to-be-enacted Corporate Insolvency and Governance Bill 2020 (the “Bill”).
Matthew Czyzyk, Ropes & Gray
This is an extract from the 2020 edition of GRR's the Europe, Middle East and Africa Restructuring Review. The whole publication is available here.
In summary