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"...a comprehensive, well-structured guide for those dealing with insolvency and restructuring aspects on a regular basis." German-British Chamber of Industry & Commerce* This manual examines the main formal processes involved in the world of corporate insolvency and restructuring such as liquidation, administration, receivership, company voluntary arrangements and schemes of arrangement. The Fourth Edition covers: - The Part 26A scheme of arrangement (or 'restructuring plan'), standalone moratorium and provisions for the protection of supplies introduced by the Corporate Insolvency and Governance Act 2020 - The regulations concerning disposals by an administrator to connected persons - The Supreme Court decision in BTI 2014 LLC vSequana S.A. and others clarifying when directors have a duty to creditors rather than shareholders - The legislative changes accompanying Brexit and other important developments in case law relating to cross-border matters - The use of special managers in complex compulsory liquidations as seen in the cases of Carillion, British Steel and Thomas Cook - The Pensions Schemes Act 2021 and its impact on the restructuring landscape This is an indispensable reference source for experienced practitioners and offers junior professionals, company directors and company secretaries a valuable introduction to the subject. *Review of a previous edition
Having gone through an accelerated parliamentary process, the Corporate Insolvency and Governance Act 2020 came into force on 26 June, 2020 having been given Royal Assent on the 25 June, 2020. It introduces the most significant changes in corporate insolvency law for nearly 20 years and has been introduced in response to COVID-19. Its main aim is to assist companies and directors by providing businesses with the flexibility and breathing space they need to continue trading during the difficult time caused by COVID-19. The key insolvency related reforms included in the Act are: - New moratorium outside of a formal insolvency process - New restructuring plan - Prohibition on issuing statutory demands and winding up petitions in connection with Covid-19 related debts - Retrospective suspension of wrongful trading - Protection of supplies of goods and services
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