Covid-19 coronavirus: saving livelihoods and keeping UK businesses going

A&O Shearman
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Executive Summary -

In a press statement on 28 March 2020, the UK government announced proposed changes to insolvency laws in response to the Covid-19 coronavirus.

• Wrongful trading: there will be a temporary suspension of wrongful trading provisions for company directors, applied retrospectively from 1 March 2020.

• Changes to corporate insolvency law: In 2018, the UK government announced plans to introduce new restructuring procedures including (a) a short moratorium that will give companies a breathing space from creditor action to explore options for rescue; (b) a new restructuring plan based on the scheme of arrangement with the ability to cram down a dissenting class of creditors; and (c) provisions preventing creditors from relying on contractual termination clauses as a result of insolvency proceedings. In the recent press statement, the UK government announced that it would be advancing these proposals.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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