The Government on 20 May 2020 published the Corporate Insolvency and Governance Bill, which contains the most far-reaching reforms to UK insolvency law in over 30 years. The Bill has been introduced on an emergency basis in an attempt to ensure that otherwise financially viable companies survive during a period of unprecedented interruption and turmoil. However, it could upset the delicate balance between debtors and creditors under UK insolvency law.
The much anticipated Corporate Insolvency and Governance Bill (the Bill) was published on 20 May 2020.
The proposed legislation is split into two broad categories: temporary provisions brought about as a result of COVID-19 and permanent provisions which will result in fundamental changes to UK insolvency law. The proposals, both temporary and permanent, reflect a shift towards a more debtor-friendly regime.
On 20 May 2020, the Corporate Insolvency & Governance Bill 2019-2021 was introduced to Parliament. With the Bill slated to be fast-tracked into law, here are some of the key insolvency aspects to be aware of.
Why now?
The new Corporate Insolvency and Governance Bill contains a mixture of temporary measures necessitated by the immediate economic and practical challenges of COVID-19, and longer-term reforms to our restructuring and insolvency regime.
The UK Government has tabled legislation to assist companies in financial difficulty and to make temporary changes to the law relating to the governance and regulation of companies. The Corporate Insolvency and Governance Bill1 (the "Bill"), which commenced its passage through the UK Parliament on 20 May 2020, is relevant to public companies as it provides for the temporary relaxation of certain requirements regarding annual general meetings ("AGMs") and other shareholder meetings and the temporary easing of certain statutory filing requirements.
The Corporate Insolvency and Governance Bill (the “Bill”) is finally out (all 238 pages of it!) and due to have its second reading in Parliament on 3 June. The expectation is that it will pass without debate and, as such, we need to ask ourselves: what does it all mean? The first thing to note is that the Bill deals with both temporary measures that are necessary and linked to the Covid-19 pandemic as well as those that are here to stay and that have been on the radar since the Government’s consultation ended in 2018.
The Corporate Insolvency and Governance Bill 2019-21 introduced to the UK parliament on 20 May contains provisions designed to give companies greater administrative flexibility during the COVID-19 pandemic, including how and when they are required to hold their AGMs and other general meetings and when key Companies House filings have to be made, such as annual accounts, confirmation statements and other forms, as well as the registration of charges.
The UK Government has proposed legislation to address the difficulties faced by UK companies as a result of the COVID-19 pandemic when it comes to holding meetings of shareholders and filing documents with the UK Registrar of Companies (Companies House).
Executive Summary
- New legislation will introduce permanent and temporary reforms to the UK restructuring and insolvency regime
- Permanent reforms: company moratoriums; restructuring plans; the prohibition of insolvency termination clauses in supply contracts
- Temporary reforms: suspension of the director wrongful trading offence; restriction on the service of statutory demands and winding up petitions
Overview