Court involvement3 May 2021 21:26
Sounds pretty straight forward to me.....
The Corporate Insolvency and Governance Act 2020 (“CIGA“) ushered in a flexible restructuring compromise or arrangement for companies in financial difficulty (the “Restructuring Plan“). The legislation governing the Restructuring Plan sits alongside that for schemes of arrangement and is included in a new Part 26A to the Companies Act 2006.
The Restructuring Plan does not apply to companies that are solvent with no risk of insolvency; rather it only applies to companies where two conditions have been satisfied:
condition A: the company has encountered, or is likely to encounter, financial difficulties that are affecting, or will or may affect, its ability to carry on business as a going concern; and
condition B: a compromise or arrangement is proposed between the company and (a) its creditors, or any class of them; or (b) its members, or any class of them; and the purpose of the compromise or arrangement is to eliminate, reduce or prevent, or mitigate the effect of, any of those financial difficulties.
Process
The process is similar to that for schemes of arrangement:
a court application is made and heard for permission to convene meetings of classes of creditors (and members, if applicable) at which the court will consider class composition, and in the case of overseas companies, jurisdiction;
the court-approved meetings of creditors or classes of creditors and/or members are held at which the creditors and/or members will vote on whether to approve the Restructuring Plan