NOR GVT Companies and Bankruptcy

Updated on: Jun 30, 2023

Latest Event


  • Jun. 30, 2023 Editorial Update
  • On Jun. 30, 2023, Reg-Track made an editorial update to the above summary include the Jun. 12, 2023, update on small enterprises, formerly included elsewhere in error.

On Jun. 18, NOR GVT proposed to extend rules in reconstruction law.

  • NOR GVT launched consultation on extension of the application of Reconstruction law.
  • Follows NOR GVT Oct. 2020 proposed new rules on debt negotiations, see #88607.
  • Overview
  • When the pandemic started NOR GVT proposed to change rules for debt negotiations.
  • To assist viable companies affected by acute revenue shortfalls, to continue operating.
  • Now propose continued application of temporary law on reconstruction to Jan. 1, 2023.
  • This will be at same time the State's work continues on proposals for permanent rules.
  • Even if NOR started reopening post pandemic, many companies still having hard time.
  • So will continue with rules on reconstruction to help bankruptcy threatened companies.
  • Reconstruction Act is not directly related to Covid situation but to long-term economic effects of the pandemic, said Minister of Justice and Emergency Management.
  • Per Bronnoysund Register Center data, 23 reconstruction negotiations were opened in the period from the law's entry into force on May 11, 2020 to beginning of Jun. 2021.
  • Draft under consultation aims to ensure the tools introduced by the temporary law are available until permanent legal rules on reconstruction are in place.
  • Reconstruction Act Tools
  • Entails changes in several respects compared with previous rules on debt negotiation in the Bankruptcy Act e.g. reorganization negotiations can be initiated at earlier stage.
  • Reorganization plan can be adopted more easily, possible to convert debt into equity.
  • Allows for temporary exemption from public preferential right for claims for tax, VAT.
  • Possibility for collateral for loans for financing in reconstruction with priority over all other mortgagees; debtor's protection against opening of bankruptcy is strengthened.
  • As is the implementation of compulsory coverage during reorganization negotiations.
  • The note also proposes regulations on simplified reorganization negotiations for small enterprises, regulations on temporary exemptions from priority rules in reconstruction, which make temporary exemptions from the public preferential right for tax claims and VAT claims, etc. be continued until Jan. 1, 2023.
  • Effectiveness
  • Consultation open until Aug. 12, 2021.
  • Sep. 24, 2021 Extension Bill
  • On Sep. 24, 2021, NOR GVT presented bill for Reconstruction Act to continue to Jul. 1, 2023, noting further work is being carried out on proposals for permanent rules.
  • Dec. 22, 2021 Extension of Act
  • On Dec. 22, 2021, NOR GVT issued Act continuing Reconstruction Act to Jul. 1, 2023.
  • The intention is to help viable companies that are affected by acute income shortages.
  • Also issued regulations extending until Jul. 1, 2023, the regulations on temporary exemptions from the priority rules during reconstruction pursuant to the temporary act on reconstruction to remedy financial problems as a result of an outbreak of covid-19.
  • At outset of pandemic, NOR GVT proposed introducing rules on reconstruction to help viable businesses affected by acute revenue shortfalls; aim of continuing temporary law on reconstruction with regulations is to ensure tools that were introduced with the temporary law are available until permanent legal rules on reconstruction are in place.
  • Dec. 22, 2021 Small Enterprises
  • On Dec. 22, 2021, NOR GVT issued amended regulations on simplified reorganization negotiations for small enterprises, changing the repeal date to Jul. 1, 2023.
  • In Jan. 2023, NOR GVT proposed rules to avoid unneeded bankruptcies see #160564.
  • Jun. 12, 2023 Small Enterprises
  • On Jun. 12, 2023, NOR GVT issued amending regulations on simplified reorganization negotiations for small enterprises, changing the repeal date to Jan. 1, 2025.
  • Regulation 832 comes into force immediately upon issuance i.e. on Jun. 9, 2023.
  • Jun. 19, 2023 Extended Repeal Date
  • On Jun. 19, 2023, NOR GVT issued Regulations amending the Regulations relating to temporary exemptions from the priority rules during reconstruction under the Interim Reconstruction Act to remedy financial problems arising from outbreak of Covid-19.
  • The repeal date has been changed to Jul. 1, 2025.
  • Jun. 30, 2023 Editorial Update
  • On Jun. 30, 2023, Reg-Track made an editorial update to the above summary include the Jun. 12, 2023, update on small enterprises, formerly included elsewhere in error.
Regulators
NOR GVT
Entity Types
Bank; CNSM; Corp; MG Orig
Reference
OG 2023-0687, 6/19/2023; OG 2023-0607, 6/12/2023; Reg 832, 6/9/2023; OG 2021-2238, 2021-2343, 2021-2357, 12/22/2021; PR 9/24/2021; CP, PR, 6/18/2021; Reconstruction Law; Bankruptcy Act; COVID-19
Functions
Compliance; Financial; Legal; Operations; Resolution; Risk; Settlement; Tax; Treasury
Countries
Norway
Category
State
N/A
Products
Banking; Corporate; Equity; Loan; Mortgage
Rule Type
Final
Regions
EMEA
Rule Date
Jun 18, 2021
Effective Date
Jul 1, 2025
Rule ID
108744
Linked to
Reg. Last Update
Jun 19, 2023
Report Section
EU