Useful References - Covid-19

Government Resources:

https://treasury.govt.nz/news-and-events/news

https://www.beehive.govt.nz/release/further-measures-support-businesses

https://www.beehive.govt.nz/release/business-finance-guarantee

https://www.companiesoffice.govt.nz/news-and-notices/insolvency-relief-for-businesses-impacted-by-covid-19/

An Australian perspective: 

Australian Covid-19 Insolvency Law changes: article here 

The Legal Perspective:

We share general notes from Lowndes Jordan on:

•    Leases 
•    The Government's Insolvency Response 
•    Force Majeure/Frustration  

The following articles from Stace Hammond also provide insight on key topics:

•    Director duties 
•    Implications for commercial contracts 
•    Lease rent abatement  
•    Enforceability of guarantees  
•    Proposed Companies Act changes 

And the following article from Dentons Kensington Swan also provide insight on:

•    Relaxing insolvency related director duties 

These articles provide a summary of the tax relief measures:

•    Anthony Harper Tax Relief Measures:   
•    IRD
•    NZ Herald

Wage Subsidy:

The COVID-19 Wage Subsidy is available to employers, contractors, sole traders or people who are self-employed.  More information is found here

•    This BDO Q & A on Wage Subsidy is a helpful guide

•    Work and Income  

RITANZ updates:

https://www.ritanz.org.nz/covid-19-external-resources/
https://www.ritanz.org.nz/covid-19-further-measures-to-support-businesses/

How does business debt hibernation compare to other company insolvency procedures?
(sourced from RITANZ)

The business debt hibernation scheme has some of the features of a creditors’ compromise under Part 14 of the CA and of a voluntary administration under Part 15A of the CA. However, unlike a creditors’ compromise or a voluntary administration, the only relief (in the absence of creditor agreement) available to a company will be a six-month moratorium on the enforcement of debts. We set out below a table comparing the differences between business debt hibernation, a creditors’ compromise, and voluntary administration.

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