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Support for the rescue of viable insolvent businesses

Support for the rescue of viable insolvent businesses

Proposals to ensure that insolvent businesses continue to receive essential supplies from the IT and utility sectors to aid business recovery were announced in a consultation launched today by Business Minister Jo Swinson.

The measures will stop these essential suppliers from seeking an unfair advantage over other creditors by increasing charges or payments of debts as a condition of continuing supply, thus benefiting both consumers and employees. In addition, suppliers of essential utilities will now have to continue providing their services during the business recovery.

Business Minister Jo Swinson said:

“These proposals are good news for employees of insolvent businesses, creditors and insolvency practitioners who are trying to rescue ailing companies.

“Businesses are currently closing down because insolvency practitioners are unable to secure the essential supplies they need to continue trading whilst they restructure or seek a buyer. This measure will ensure they can secure the supplies they need to deliver the best outcome for creditors and employees.

“The measure also demonstrates the Government’s commitment to doing all we can to save jobs and build a stronger economy. I look forward to hearing the views of all interested parties to ensure that the right balance is struck when implementing these changes.”

Responding to the Government’s plans to consult proposals to prevent utility companies and other key suppliers from enforcing ‘termination clauses’ against insolvent companies, R3 President Giles Frampton said:

“Termination clauses which take effect on insolvency are one of the biggest obstacles to business rescue that insolvency practitioners come across. They force the closure of potentially viable businesses, posing unnecessary risk to jobs.

“Our members estimate that banning termination clauses in supply contracts could help save over 2,000 businesses a year. R3 campaigned long and hard for action to be taken on termination clauses, winning support from the business and creditor communities. We are very pleased that an end to the use of termination clauses by crucial suppliers is one step closer.

“Business rescue is in the interests of both creditors and insolvent businesses and their employees. Turning a business around can be a much better outcome than that business being liquidated. Scrapping termination clauses will give many struggling businesses a better chance of survival and should boost the UK’s business rescue culture.”

Safeguards will be provided to ensure that suppliers who are obliged to continue supplying the insolvent business are adequately protected.

These changes will give the same protection to IT supplies in an insolvency as applies to gas, electricity, water and telecommunications supplies, which are essential to the continuation of a business in the 21st century, and ensure that such suppliers will be unable to withdraw their services purely on account of insolvency.

About The Author

Mark Hodgson is the Managing Director of Tremark Associates, one of the UK’s leading providers of investigative services. Mark has 30 years experience in private Investigations and the commercial debt recovery industries. He is Vice President of the Association of British Investigators, a member of the World Association of Detectives, The Institute of Credit Management and an associate member of R3 -The Association of Business Recovery Profession.