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Impact of Brexit on Insolvency Regulation

Current insolvency legislation, as well as the UK insolvency sector itself, could be negatively impacted by Brexit

 

As the Brexit deadline edges ever closer, many business owners and professional organisations are concerned for how the UK financial climate will prosper within the post-Brexit landscape.

The UK government has finally started to make progress with Brexit negotiations. There are two White Papers published back in July and a draft Brexit withdrawal agreement drawn up earlier in February.

The implications of Brexit will bring changes to the economy and business sectors. There may be tougher tariffs on traded goods and a further weakening of the retail market as a result. In the past year retailers have struggled with skyrocketing insolvencies and the emerging popularity of Company Voluntary Arrangements (CVA).

Once the UK officially leaves the EU, insolvency proceedings will change shape. Cross-border proceedings could be forced to revert to domestic legislation, with the Recast EU Insolvency Regulation (EIR) and the Recast Brussels Regulation no longer applicable.

A member survey conducted by R3 in 2016 revealed that 83% of members thought that there would be a “negative impact” on how quickly insolvency procedures involving European work would be resolved, and 79% thought that there would be a negative impact on cost.

R3, the association of business recovery professionals, has spoken out against this and urged the UK to take steps to retain the benefits from both regulations. The trade body, as well as many others, has praised the “speed, clarity and predictability” that the EIR provided to cross-border work and how insolvency proceedings will be slower and costlier without it.

Until the government agrees on the country’s exit terms for leaving the EU, the fate of the financial sector cannot be certain, and the continuation of EU insolvency regulations not guaranteed.

A continuing state of uncertainty will make the UK look vulnerable, thus giving rival European cities ample opportunity to distract investors. Thankfully, the credit monitoring services offered by the Credit Protection Association can help bolster the country’s image. In fact, by scrutinising the quality of potential and existing customers through our services, the likelihood of insolvent debtors can be drastically reduced.

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The Latest Insolvencies to 14 Aug 2018

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