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    BREAKING - UK Government plans radical changes to UK insolvency regime
    2020-05-21

    Yesterday, the Government introduced legislation before Parliament, in the form of the Corporate Insolvency and Governance Bill, which will make radical changes to the UK insolvency regime. The goal of the legislation is to prevent otherwise viable companies from failing as a result of current events.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Corporate governance
    Authors:
    Rachel Pinto , Tim Smith
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Corporate Insolvency and Governance Bill Highlights
    2020-05-21

    Today, the Government published the highly anticipated Corporate Insolvency and Governance Bill (the “CIGB”).  It legislates for the landmark changes to the UK’s corporate insolvency regime and the temporary suspension of the statutory provisions on wrongful trading announced by the Business Secretary on 28 March 2020 (see Weil’s European Restructuring Watch update of 30 March 2020).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Coronavirus
    Authors:
    Andrew Wilkinson , Matt Benson , Neil Devaney , Mark Lawford , Gemma Sage , Alexander Wood
    Location:
    United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    Moratorium on winding up petitions under the Corporate Insolvency and Governance Bill 2020
    2020-05-21

    On 20 May, the Secretary of State for Business, Energy and Industrial Strategy (BEIS) introduced the Corporate Insolvency and Governance Bill to Parliament.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, TLT LLP, Coronavirus
    Authors:
    Alastair Lomax
    Location:
    United Kingdom
    Firm:
    TLT LLP
    Two wrongs don't make a right - suspension of wrongful trading laws inches closer to the statute book
    2020-05-21

    Hot off the press, yesterday we learnt a great deal more about the proposed suspension of the UK’s wrongful trading laws with the publication of the Corporate Insolvency and Governance Bill 2019-21.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Stevens & Bolton LLP, Board of directors, Coronavirus
    Authors:
    Tim Carter , Matthew Padian
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Corporate Insolvency and Governance Bill: Restrictions on statutory demands and winding up petitions
    2020-05-21

    Temporary provisions restricting action to wind up companies and reverse some winding up orders already made are a step closer following presentation of the Corporate Insolvency and Governance Bill (“Bill”) to the House of Commons on 20 May. The Bill will now work its way through both Houses before imminently becoming law. The Bill includes a number of substantial corporate insolvency changes, but also temporary provisions restricting action to wind up companies in light of Covid-19, on which we focus here.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Landlord, Coronavirus, UK House of Commons
    Authors:
    Emma Pinkerton , Julie Gattegno , Jim Pang
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Text of the long-awaited Corporate Insolvency and Governance Bill officially published by Parliament
    2020-05-21

    On 20 May, Parliament had its first reading of the Bill, a detailed document containing all the expected provisions applying across England, Wales and Scotland, and with separate (but substantially similar) provisions for Northern Ireland.

    MPs will next consider all stages of the Bill on 3 June 2020 and it is anticipated that this will be fast-tracked to become law in July.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Dentons, Coronavirus, Coronavirus compliance
    Authors:
    Neil Griffiths , Ian Fox , Tessa Blank , Jason Sheard , Celia Hayward , Richard Pallot-Cook
    Location:
    United Kingdom
    Firm:
    Dentons
    New legislation making significant changes to the UK’s domestic insolvency regime
    2020-05-21

    The Government yesterday tabled the much-anticipated Corporate Insolvency and Governance Bill which contains both short term measures aimed at assisting companies struggling with the immediate impact of Covid-19 and significant reforms which are intended “to ensure that the UK’s insolvency regime retains its world-leading position including re-invigorating its rescue culture”. Taken together, these represent arguably the most fundamental shake-up of the United Kingdom’s domestic insolvency regime since the Enterprise Act came into force 17 years ago.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Linklaters LLP, Coronavirus, Title 11 of the US Code
    Authors:
    Richard Bussell , Rebecca Jarvis , Richard Hodgson , Euan Clarke , James Douglas , Jo Windsor , Matthew Harding , Paul Sidle
    Location:
    United Kingdom
    Firm:
    Linklaters LLP
    New UK Insolvency Laws offers support for businesses struggling with cash flow, but what else can lenders and others expect?
    2020-05-21

    The UK Government published the Corporate Governance and Insolvency Bill on 20 May 2020. The legislation will be fast tracked and include both temporary and permanent changes to the UK insolvency legislation.

    The temporary measures, aimed at supporting businesses struggling with cash flow and facing distress due to COVID-19, include prohibitions on presentation of winding up petitions and winding up orders, suspension of wrongful trading laws and the ability to apply for a moratorium.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs, Corporate governance, Landlord, Coronavirus
    Authors:
    John Alderton , Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    First draft of the much anticipated Corporate Insolvency and Governance Bill published
    2020-05-21

    The first draft of the much anticipated Corporate Insolvency and Governance Bill, which we have written about previously from the perspective of the UK High Street, has been published and it is expected to be passed in early June.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Deka Chambers, Coronavirus
    Location:
    United Kingdom
    Firm:
    Deka Chambers
    UK Government Introduces Corporate Insolvency and Governance Bill 2020
    2020-05-21

    The UK government on 20 May set out its hotly anticipated Corporate Insolvency and Governance Bill, which, once enacted, will bring into force previously announced insolvency reforms.

    We summarise below the main provisions of the bill as it currently stands. Please look out for further LawFlashes on this legislation as it develops over the next few weeks.

    Moratorium

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Morgan, Lewis & Bockius LLP, Landlord, Coronavirus
    Authors:
    Meryem S. Hassan , James Mead
    Location:
    United Kingdom
    Firm:
    Morgan, Lewis & Bockius LLP

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