Tuesday, March 16, 2021
Re gategroup Guarantee Limited [2021] EWHC 304 (Ch) (
Re gategroup Guarantee Limited) and provides a view of its effects on the cross-border application of the Restructuring Plan (defined below) and the use of co-obligor structures in restructurings.
IN DEPTH
The Restructuring Plan
The UK restructuring plan was introduced by the Corporate Insolvency and Governance Act 2020 as a new Part 26A of the Companies Act 2006 (the
Restructuring Plan) and is substantially modelled on the existing UK scheme of arrangement under Part 26 of the Companies Act 2006 (the
Scheme). Restructuring Plans primarily differ from Schemes in the following respects:
A company may use Restructuring Plans where: (i) it has encountered, or is likely to encounter, financial difficulties that are affecting, or will or may affect, its ability to carry on business; and (ii) a compromise or arrangement is proposed between the company and its creditors and/or members (or an
To print this article, all you need is to be registered or login on Mondaq.com.
After more than six years of development, the legislative
process concerning new Dutch restructuring legislation (Wet
Homologatie Onderhands Akkoord, or WHOA ) that
introduces a Dutch debtor-in-possession proceeding (a Dutch
Scheme ) combining features of chapter 11 of the U.S.
Bankruptcy Code and the English Scheme of Arrangement was finalized
at the end of 2020. The WHOA entered into force January 1, 2021 and
is thus available to companies in distress from now onwards.
Since our previous White Paper of February 2020 on the
Dutch Scheme, the WHOA has been amended in several relevant