Since 2017, directors of distressed companies have had the option of continuing to trade and incur debts under the umbrella of the safe harbour "carve out" from later potential insolvent trading claims. And yet, key questions remain. Has safe harbour become a byword for "turnaround"? Have directors (and their lawyers) become too focused on technical compliance and downplayed the critical "better outcome" requirement? Do directors understand that safe harbour is a highly organic process that must be assessed through the lens of their other statutory duties (including their "duty" to creditors)?
Members, please sign in here to see the webinar links.
Non members can join TMA here to gain access to our members only turnaround education programs