Update June 2021
Regulations are set to be laid that will mean
restrictions on statutory demands and winding up
petitions will remain for a further three months until 30
September 2021 to protect companies from creditor
enforcement action where their debts relate to the
pandemic.
Insolvency measures supporting businesses during the
pandemic and helping them recover, are set to be extended
till the end of June 2021.
The measures were introduced in the Corporate Insolvency
and Governance Act in March 2020, including protecting
businesses from aggressive creditor enforcement and
removing personal liability on company directors, and have
been previously extended
on a number of occasions.
The measures being extended till the end of June 2021:
- Statutory demands and winding-up petitions will
continue to be restricted to protect companies from
creditor enforcement action due to debts related to
coronavirus (COVID-19).
- Small suppliers will not have to continue to supply a
business in insolvency. However, larger suppliers will not
be able to cease their supply or ask for additional
payments while a company is going through a rescue process.
- Entry into a moratorium will remain relaxed and a
company will be able to enter a moratorium if they have
been subject to an insolvency procedure in the previous 12
months. These measures will be extended until 30 September
2021
Minister for Corporate Responsibility, ,
said:
We’re extending these important measures to give
businesses the extra breathing space they need as we
cautiously reopen the economy and look to build back
better from the pandemic.
With the threat of aggressive creditor action and
insolvency eased, companies will be able to focus all
their efforts on their recovery.
Dr Roger Barker, Director of Policy & Corporate
Governance at the Institute of Directors said:
During the pandemic, it has been essential to provide
company directors with the means by which they can
sustain inherently viable businesses. An important
component has been the temporary suspension of the
potential liability faced by directors if they continue
to operate a company that is facing financial
difficulties. During the exceptional circumstances of the
pandemic, this has been an appropriate step for
government to take in order to ensure that viable
businesses survive and are in a position to contribute to
a meaningful economic recovery.
Notes to editors
- The temporary measures were introduced in the
Corporate
Insolvency and Governance Act 2020
- The temporary measures apply to England, Wales &
Scotland. Insolvency in Northern Ireland is devolved and NI
Ministers are considering a corresponding extension of
their legislation.