Background
The Corporate Enforcement Authority
(“CEA”) has issued its first
information note of 2023 on the topic of the European Union
(Preventative Restructuring) Regulations 2022 (the
“Regulations”) which came into effect
on 27 July 2022 (the “Information
Note”).
The Regulations were transposed into Irish law to give effect to
EU Directive 2019/1023, or the Preventative Restructuring Directive
(the “PRD”). The PRD is to ensure
that, across the EU, there are restructuring frameworks in place to
assist viable business that are in financial difficulty to continue
to operate. The PRD sets down minimum rules for Member State
preventative restructuring frameworks, in order to remove barriers
to effective preventive restructuring of viable debtors in
financial difficulties across the EU.