Companies are now faced with unprecedented challenges presented by the coronavirus pandemic. In this context, company directors will be trying to do everything they can to protect and preserve the business. However, they do still need to remember their legal duties, so as not to expose themselves to the risk of personal liability if their actions go beyond what the law allows.
Practical steps which directors should be taking now, as explained in more detail below include:
The UK economy cannot ignore the financial shockwaves it feels as a direct impact of the coronavirus pandemic 2019-20. The UK Government has rolled out daily and unprecedented economic measures aimed at supporting and financing struggling business given the effect of this unprecedented economic climate. We recognise that in some cases, this simply will not be enough.
One of the key issues facing all public companies during the COVID-19 crisis is how and when to update necessary market disclosures relating to the risk impact of the pandemic on their business.
History has taught us that prolonged periods of market volatility increase the risks of litigation against both companies and their governing boards, and that the way in which they act now can have long-lasting effects.
Some companies may face severe solvency issues, which will lead to questions around the disclosure of the company’s financial position.
Sky News reports today that the Insolvency Service is considering reforms to insolvency laws which may include a moratorium on winding up petitions against companies and the suspension of rules on wrongful trading.
One area of practice where clarity by the government will be essential is whether directors are going to be held to all the same standards during this crisis as they are in any other recession.
Healthcare workers are on the frontline of fighting COVID-19, but directors of companies have an equally important task, that of keeping the wheels turning and helping minimise the damage to the economy and the livelihoods of their employees, and keeping otherwise viable businesses intact for when the crisis passes.
How should directors respond to the fast-moving situation and the challenges posed by assessing and dealing with the impact on the business?
Correct as of 16.00 on 24 March 2020. This article is being maintained.
The global COVID-19 outbreak is presenting businesses with unprecedented challenges. In the last two weeks the UK Government has announced a raft of COVID-19 liquidity and tax assistance measures for businesses and individuals.
Covid-19 - the What, Why and Where?
Over recent weeks, all of us have had to grapple with the potential impact of the current severe strain of 'Coronavirus' known as 'Covid-19' and the impact it may have on us, our families and our businesses.
Although the position in the UK is changing rapidly, directors should think seriously about how they might mitigate the risks associated with the inevitable business disruption in the coming weeks and months.
What It Means For Businesses In the UK
Given the current pressure all businesses face dealing with the effect of Covid-19, it is important that directors understand what their duties are in respect of insolvent companies or companies that are at risk of heading towards insolvency.
In this blog we briefly remind directors what their duties are, the potential claims that could be brought against them in the event of insolvency and how they might arise. To mitigate against these risks it is critically important that directors:
The onset of the coronavirus has created an unprecedented (in peace time) environment of restriction of movement which will impact significantly on how businesses operate.
Business leaders / key decision makers are faced with considerable challenges in identifying how their businesses will function going forward in these uncertain times.