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ARTICLE · 14 SEPTEMBER 2021

Winding Up Restrictions Not Quite Wound Up

The UK Government yesterday announced that it will proceed with the phasing out of temporary measures introduced to protect businesses from creditor action during the COVID-19 pandemic...

United KingdomReal Estate and Construction

The UK Government yesterday announced that it will proceed with the phasing out of temporary measures introduced to protect businesses from creditor action during the COVID-19 pandemic, whilst also announcing new measures to protect smaller businesses from winding up petitions.  The legislation required to implement these amendments was laid before Parliament yesterday and will come into force on 29 September 2021.

The new measures will be in place from 1 October 2021 until 31 March 2022, and have the practical effect that a creditor will only be able to present a winding up petition against a debtor where:

  • the debtor owes the creditor(s) at least £10,000;
  • the creditor has issued written notice of the debt to the debtor, and sought payment proposals for the outstanding debt; and

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