Brexit—impact on administration
Brexit—impact on administration

The following Restructuring & Insolvency practice note provides comprehensive and up to date legal information covering:

  • Brexit—impact on administration
  • Status of the UK
  • Relevant Brexit Statutory Instruments
  • Insolvency Brexit Regulations
  • Impact on domestic legislation
  • Jurisdiction to open administration proceedings
  • Cross border recognition of proceedings
  • Outbound recognition (ie English administrators seeking recognition elsewhere)
  • Example scenario
  • Other issues arising

Status of the UK

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK entered an implementation period, during which it continued to be subject to EU law. References to exit day in many Brexit SIs are to be read as reference to IP completion day (Implementation Period completion day, defined in clause 39 as 31 December 2020 at 11.00 pm) (unless that provision is expressly disapplied by the SI in question). For further details, see News Analyses: Brexit—impact of the Withdrawal Agreement and European Union (Withdrawal Agreement) Act 2020 for R&I lawyers and Brexit Bulletin—key updates, research tips and resources.

This Practice Note is part of a suite of documents considering the impact of Brexit including:

  1. Brexit—impact on Recast Regulation on Insolvency: this Practice Note also considers saving provisions for insolvency proceedings opened prior to IP completion day

  2. Brexit—impact on winding up

  3. Brexit—impact on company voluntary arrangements

  4. Brexit—impact on schemes of arrangement

  5. Brexit—impact on insolvent credit institutions

  6. Brexit—impact on insolvent insurers

  7. Brexit—impact on moratorium

  8. Brexit—impact on restructuring plans

Relevant Brexit Statutory Instruments

Insolvency Brexit Regulations

On 30 January 2019, the Insolvency (Amendment) (EU Exit) Regulations 2019 (Insolvency Brexit Regulations), SI 2019/146 were made under the affirmative procedure for Brexit SIs to address the deficiencies which would arise from the absence of mutual application

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