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Hardening period meaning

What does Hardening period mean?
Hardening period describes the pre‑insolvency look‑back window during which an office‑holder can challenge antecedent transactions made by a company in financial distress. It is a practitioner’s term (not a defined statutory label); the applicable windows, tests and presumptions are set by legislation and case law. In England & Wales and Scotland (Insolvency Act 1986) and Northern Ireland (Insolvency (Northern Ireland) Order 1989), typical hardening periods are: up to two years for transactions at an undervalue; six months (unconnected) or two years (connected) for preferences; 12 months (unconnected) or two years (connected) for floating charges securing past debt; and three years for extortionate credit transactions. The end point is the statutory onset of insolvency (for example, presentation of a winding‑up petition or commencement of administration). Dealings with connected persons often attract longer periods and evidential presumptions. In Ireland (Companies Act 2014), broadly similar look‑back periods apply for unfair preferences, uncommercial/undervalue transactions and floating charges, with longer windows for related parties and up to three years for extortionate credit. Practically, transactions within the hardening period face heightened risk of being set aside or security being invalidated, informing lender diligence and directors’ advice on pre‑insolvency restructurings.
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View the related Practice Notes about Hardening period

PRACTICE NOTES
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PRACTICE NOTES
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PRACTICE NOTES
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