Below is a press release from the FMA on business debt hibernation.
“Last week, the Government passed the COVID-19 Response (Further Management Measures) Legislation Act 2020, which introduced the business debt hibernation (BDH) scheme. Business debt hibernation may help eligible businesses affected by COVID-19 manage their existing debts until they can start trading normally again. For example, businesses may agree with creditors to delay repaying some of their debt.
BDH is available to a wide range of businesses (including companies, trusts and partnerships), some of which are regulated by the FMA. BDH does not extend to registered banks, licensed insurers, non-bank deposit takers, licensed derivatives issuers, operators of designated settlement systems or sole traders.
Conditions to enter and remain in BDH include director approval, notice to the relevant Registrar, and creditor agreement. These and other conditions that must be satisfied are set out in Schedule 13 of the Companies Act 1993.”
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