Showing posts with label safe harbour defence. Show all posts
Showing posts with label safe harbour defence. Show all posts

Wednesday, 26 April 2017

Time is up for stakeholders to have their say on proposed insolvency law reforms

Following the close of public submissions on Monday, it will be interesting to see stakeholder and industry responses to the proposed insolvency law reforms.

By way of refresher, in March this year, the Federal Government published draft legislation (Treasury Laws Amendments (2017 Enterprise Incentives No.2) Bill 2017) for consultation, seeking to amend the Corporations Act 2001 (Cth) by introducing:
  • a ‘safe harbour’ carve out to a director’s personal liability for insolvent trading, and
  • stay provisions affecting the enforceability of certain ‘ipso facto’ and other clauses during an administration or scheme of arrangement.