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    The corporate insolvency and governance act 2020: what pension scheme trustees need to know
    2020-06-30

    The (the "Act") obtained Royal Assent on 25 June 2020 and came into effect on 26 June 2020.

    The Act is intended to offer protection to businesses that are having difficulties trading due to the current economic downturn and beyond, and generally marks a shift towards a more debtor-friendly regime. The provisions will be relevant to occupational pension schemes.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Gowling WLG, Coronavirus
    Authors:
    Julian C. Pallett , Christopher Stiles
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Corporate Insolvency and Governance Act
    2020-06-30

    The Corporate Insolvency and Governance Act (the “Act”) received Royal Assent on 25 June 2020 and is now in force. As anticipated in our client alert of 26 May 2020, the Act represents the most extensive changes in the insolvency landscape since the Enterprise Act came into force in 2003.

    The provisions of the Act contain both:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Akin Gump Strauss Hauer & Feld LLP, Corporate governance, Coronavirus
    Authors:
    James Roome , Emma Simmonds , Liz Osborne , Rachel Beddoe
    Location:
    United Kingdom
    Firm:
    Akin Gump Strauss Hauer & Feld LLP
    The Corporate Insolvency and Governance Act: Key Measures
    2020-06-30

    The Act makes significant permanent reforms to our restructuring and insolvency regime and also contains temporary measures designed to mitigate some of the economic and practical challenges of COVID-19. In this update we provide a brief overview of the key restructuring and insolvency measures introduced by the Act.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Slaughter and May, Coronavirus
    Location:
    United Kingdom
    Firm:
    Slaughter and May
    UK Corporate Insolvency And Governance Act: Moratorium
    2020-06-30

    The Corporate Insolvency and Governance Act 2020 has introduced a new standalone moratorium procedure for companies.1 The moratorium is part of a package of significant legislative reforms contained in the Act, intended to enhance the UK’s restructuring rescue culture. These were originally consulted on between 2016 and 2018 and were fast-tracked to deal with the COVID-19 pandemic.

    Overview

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, DLA Piper, Coronavirus, House of Lords
    Authors:
    Barney Smedley , Sarah Letson
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Changes to the UK Insolvency Regime - The New Moratorium EMEA - UK - 29 June 2020
    2020-06-29

    On 25 June 2020 the Corporate Insolvency and Governance Act (the Act) received Royal Assent. The Act makes both temporary and permanent changes to the UK insolvency laws.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs, Coronavirus
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Pensions lens on the Corporate Insolvency and Governance Act 2020 (the 'Act')
    2020-06-29

    Final amendments to the Corporate Insolvency and Governance Bill were approved by the House of Lords on 23 June 2020, and by the House of Commons on 25 June 2020. The Act came into force on 26 June 2020, however certain provisions have retrospective effect from 1 March 2020. It will have a significant impact on defined benefit pension schemes, and the ability of pension scheme trustees to take action if the scheme's employer is struggling. This legal update explores the Act's key provisions through a pensions lens.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Brodies LLP, Coronavirus
    Authors:
    Poppy Prior , Jane Foley
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Strange Effects of the UK’s New Insolvency Law
    2020-06-29

    The Corporate Insolvency and Governance Act 2020 came into effect in the United Kingdom on 26 June 2020. It makes major changes to UK insolvency law. The full extent of those changes will only become apparent in the following months, as the courts and insolvency practitioners grapple with its 254 pages. Three strange aspects of the Act will fundamentally affect how financings to UK companies are structured and documented.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Morgan, Lewis & Bockius LLP
    Authors:
    Bruce Johnston
    Location:
    United Kingdom
    Firm:
    Morgan, Lewis & Bockius LLP
    Changes to the UK Insolvency Regime - Ipso Facto and Termination of Supply Contracts EMEA - UK - 29 June 2020
    2020-06-29

    On 25 June 2020 the Corporate Insolvency and Governance Act (the Act) received Royal Assent. The Act makes both temporary and permanent changes to the UK insolvency laws.

    As part of these measures, a new provision has been inserted into existing legislation which will curtail the ability of suppliers to terminate supply contracts when a customer becomes insolvent (the so called `ipso facto regime').

    Filed under:
    United Kingdom, Insolvency & Restructuring, IT & Data Protection, Squire Patton Boggs, Coronavirus
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    The Corporate Insolvency and Governance Act 2020 and Aircraft Finance - Part 1
    2020-06-29

    The new moratorium regime

    What are the potential implications of the new moratorium regime set out in the Corporate Insolvency and Governance Act 2020 (the “Act”) for aircraft lenders, lessors and airlines? In the first of a series of three articles, we consider this new law.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Moratorium, Coronavirus
    Authors:
    Keith Wilson , Gwen Edwards , Neha Arora
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Corporate Insolvency and Governance Act 2020: A New Era for Restructuring
    2020-06-29

    On 25 June 2020, the Corporate Insolvency and Governance Act 2020 (the Act) received Royal Assent, and the majority of its provisions are now in force. The Act has introduced a number of permanent reforms and temporary measures, which together represent the most significant change to English insolvency law in nearly 20 years.

    Permanent Reforms

    The permanent reforms include:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Faegre Drinker Biddle & Reath LLP, Corporate governance, Coronavirus
    Authors:
    Patrick H. Corr , Wayne Beck , Raphaela Constance Cotoulas
    Location:
    United Kingdom
    Firm:
    Faegre Drinker Biddle & Reath LLP

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