Government extends insolvency measures, offering business extra breathing space
The UK government has extended corporate insolvency and governance measures brought in to offer some extra breathing space to companies and their directors during the coronavirus pandemic.
Government extends insolvency measures, offering business extra breathing space
Maja Garaca Djurdjevic
Maja Garaca Djurdjevic
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October 01, 2020
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1 minute read
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Measures put in place to protect businesses from insolvency are being extended to continue to provide business owners with much-needed breathing space during the coronavirus pandemic, the government has announced.
"It is vital that we continue to deliver certainty to businesses through this challenging time, which is why we are now extending these important and necessary measures to protect companies from insolvency," said Business Minister Lord Callanan.
A raft of changes to protect businesses from insolvency were introduced in the Corporate Insolvency and Governance Act and were due to expire on 30 September 2020. The temporary measures include:
companies and other qualifying bodies with obligations to hold AGMswill continue to have the flexibility to hold these meetings virtually until 30 December 2020. This means that shareholders can continue to examine company papers and vote on important issues remotely;
statutory demands and winding-up petitions will continue to be restricted until 31 December 2020 to protect companies from aggressive creditor enforcement action as a result of coronavirus related debts;
termination clauses are still prohibited, stopping suppliers from ceasing their supply or asking for additional payments while a company is going through a rescue process. However, small suppliers will remain exempted from the obligation to supply until 30 March 2021 so that they can to protect their business if necessary; and
the modifications to the new moratorium procedure, which relax the entry requirements to it, will also be extended until 30 March 2021. A company may enter into a moratorium if they have been subject to an insolvency procedure in the previous 12 months. Measures will also ease access for companies subject to a winding up petition. The temporary moratorium rules will also be extended to 30 March 2021.
"Through this measure, we want to ensure businesses are able to not only come through this testing period, but also to plan, adapt and build back better," the minister added.