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Provisions of The Small Business, Enterprise and Employment Act now in force

By Charlotte Moller, Emma J. Flacks & Colin Cochrane on May 26, 2015
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We published a client alert in March, confirming that the Small Business, Enterprise and Employment Act 2015 (the “Act”) received Royal Assent on 26 March 2015 and summarising the provisions which will amend insolvency legislation. The provisions of the Act will come into force in stages over the next year, but a number of provisions, including some insolvency provisions, come into force today:

  • Exercise of powers by liquidator: removal of need for sanction
  • Exercise of powers by trustee in bankruptcy: removal of need for sanction
  • Extension of administrator’s term of office
  • Administration: payments to unsecured creditors
  • Administration: sales to connected persons
  • Attachment of floating charges on administration (Scotland)
  • Creditors not required to prove small debts: company insolvency
  • Creditors not required to prove small debts: individual insolvency
  • Time limit for challenging IVAs
  • Abolition of fast-track voluntary arrangements
  • Voluntary winding-up: progress reports

The remaining insolvency provisions (those relating to the regulation of insolvency practitioners, creditors’ meeting requirements and notice, and office holder actions) will come into force at a later, as yet unspecified, date and we will update our blog as soon as we hear further.

Photo of Charlotte Moller Charlotte Moller

Charlotte specializes in the restructuring of defaulting facilities, enforcement of security, advice to chief restructuring officers and insolvency practitioners, together with more general new-lend finance work.

The independent legal directory, The Legal 500 UK, 2013, recommends Charlotte as quick to identify key issues…

Charlotte specializes in the restructuring of defaulting facilities, enforcement of security, advice to chief restructuring officers and insolvency practitioners, together with more general new-lend finance work.

The independent legal directory, The Legal 500 UK, 2013, recommends Charlotte as quick to identify key issues in complex enforcement scenarios. She is also featured in The Lawyer Hot 100 2013.

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Photo of Emma J. Flacks Emma J. Flacks
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Photo of Colin Cochrane Colin Cochrane
Read more about Colin CochraneEmail
  • Posted in:
    Bankruptcy, Business and Commercial
  • Blog:
    Global Restructuring Watch
  • Organization:
    Reed Smith LLP
  • Article: View Original Source

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