Nissan said on Wednesday that it expected its annual profit to be much lower than expected, a fresh blow to a company reeling from the arrest of its former top executive Carlos Ghosn, the International New York Times reported. The automaker told investors that its operating profit for the 2018 fiscal year, which ended in March, was expected to be 45 percent lower than the previous year, at 318 billion yen ($2.8 billion). It was Nissan’s second downward revision in two months, highlighting the difficulties it faces as it moves past the fall of Mr.
Four of the UK’s largest real estate investment trusts are heavily exposed to struggling retailers and CVAs, the rising insolvency trend which has become synonymous with the decline of the high street, UBS has warned, the Financial Times reported. The analysis looked at the portfolios of four real estate investment trusts: British Land, Landsec, Hammerson, and Intu. Its findings hinge on using floorspace to weigh exposure to struggling retailers, rather than the more typical industry metric of rental income.
Lawyers investigating the London Capital & Finance scandal are aiming to bring claims against the UK’s financial compensation scheme on behalf of the 11,600 investors hit by the company’s collapse, the Financial Times reported. LCF’s administrators and insolvency experts from the law firm Mishcon de Reya are combing through recordings of phone calls between customers and representatives of the company in search of proof that investors were advised to buy the mini-bonds.
Recently listed small business lender Funding Circle has cut expected returns for its UK retail investors after raising its estimate of defaults, the Financial Times reported. A higher risk of default on UK and US loans made in 2017 and 2018 has prompted the lender, which matches individual and institutional investors with small business borrowers, to revise down its predicted returns and tighten its lending criteria. Peer-to-peer lenders have attracted investors who are looking for better returns than high street banks can offer.
Few things illustrate the malaise in India’s property market as starkly as would-be homeowners having to dedicate untold hours to completing the flats they spent years saving up for. While no estimates exist for the number of people in Vazirani’s position, India’s property market is struggling to digest some $65 billion worth of projects in various stages of completion -- or, in many cases, non-completion, Bloomberg News reported.
Ukraine is investigating whether a charitable foundation set up primarily to coordinate London-listed Ferrexpo Plc’s philanthropic activities was used to launder money and evade taxes, Bloomberg News reported. Officials of Blooming Land Charitable Foundation abused their powers to seek “illicit benefits,” damaging state interests, a Ukraine prosecutor said in a court filing in Kiev in February. Blooming Land may have received payments from businesses, “legalizing the proceeds via converting them into cash under the guise of donations for charity,” other court documents allege.
The economic team of Venezuelan opposition leader Juan Guaido is pushing to ensure a $71 million interest payment is made on the nation’s last remaining bond not in default, Bloomberg News reported. On Wednesday, the opposition-controlled National Assembly’s finance commission approved a measure to vote next Tuesday on the disbursement to holders of state oil producer PDVSA’s notes due in 2020. The group of lawmakers recommended Congress support the payment. That’s because the bond is backed by a majority stake in Citgo, the Venezuelan-owned U.S.
Investors pummeled Argentina’s debt market on Wednesday as a looming presidential election stoked concern the country is heading for its third default in less than two decades, Bloomberg News reported. Five-year credit default swaps were quoted at 1,157 basis points, a 17 percent increase in a day, according to prices compiled by Intercontinental Exchange, Inc. That puts the probability of a default over that period at more than 58 percent, up from 22.7 percent just one year ago, Bloomberg data indicated.
China’s dollar bond market faces a fresh test after a landmark default by a private sector champion is set to trigger the first drawdown of a letter of credit for a public Asian bond, Bloomberg News reported. China Minsheng Investment Group Corp. said last week debt problems at its affiliate triggered cross-default clauses on its notes including a $300 million bond, which carries a standby letter of credit (SBLC) from China Construction Bank Corp. According to CMIG’s bond document, the SBLC may be drawn down under an event of default, which includes cross-default.
A court in Croatia on Wednesday postponed a bankruptcy ruling for the country’s biggest shipbuilding group Uljanik until May 13, as the government tried to delay activation of state guarantees to a customer for late delivery of a vessel, Reuters reported. The commercial court in the northwestern town of Pazin had already delayed its ruling from March and the decision in May should be final. Bankruptcy would threaten the jobs of around 3,000 workers.
Resources by Country & Region
When the Eagles wrote the song “New kid in town” for their famous album “Hotel California” released in 1977, they were not obviously thinking of the professional Portuguese restructuring player just introduced, which goes by the name of “corporate restructuring mediator” (hereinafter: CRM).
Nevertheless, the metaphor may be helpful to understand the expectations created by the introduction of a new player on the field and the contradictions involved in the general rules applying to the CRM.
For several years, consumer bankruptcy in Poland has been increasing. In our country, this instrument is still failing because it allows solving the debt problem for a small number of people.
In 2017, 5,535 people were delinquent, in 2016 only 4,436 people (out of 8694 applications filed for bankruptcy). In previous years, it was even worse (only 32 bankruptcies in 2014). Considering the number of applications submitted so far in 2018, a dramatic increase in the number of declared consumer bankruptcies can be expected next year.
In 2017, the U.S.’s largest trading partner was the European Union at $717 billion. Also in 2017, EU countries represented approximately 43% of foreign direct investment in the U.S.
All modern European systems of law in force today provide for some sort of liability system for directors of companies, triggered by situations related to insolvency. If in some cases the obligations of the directors or the liability cases are loosely defined (holding the directors liable if general duties are disregarded), other pieces of legislation provide detailed and specific situations for misconduct leading to personal liability.
On 29 March 2017, the Government of the United Kingdom activated Article 50 of the Treaty on European Union, formally commencing the UK’s exit from the EU.
The European Union (Withdrawal) Act 2018 fixed the exit date for 11pm on 29 March 2019. With only just over 6 months remaining until the UK officially divorces from the European Union, we summarise the current position and impact of withdrawal on EU-UK cross-border insolvency proceedings.
This updated edition describes the framework of the European Insolvency Regulation Recast (adopted in June 2017), reviews its major rules, highlights the differences from the old EIR 2000, and makes references to the most important and recent cases of the Court of Justice of the European Union. An essential guide for non-European judges, practitioners and scholars who are confronted with this domain of law, as well as anyone dealing with EU-related cross-border cases, this book serves as a concise and comprehensive introduction to the EIR Recast.
Chapter 15 for Foreign Debtors covers all aspects of the UNCITRAL Model Law on Cross-Border Insolvency as well as chapter 15 of the Bankruptcy Code, and provides details about the Foreign Representative, avoidance actions, creditor protections, concurrent proceedings, comity and much more. The book also includes an extensive appendix filled with more than 500 pages of sample case documents and forms related to chapter 15 proceedings.
This book is the latest addition to our list of publications and it provides basic information on Islamic finance. It is meant to be a useful reference tool to the majority of insolvency practitioners who do not work in this field. The chapters in this book were selected on the basis that it is expected that most INSOL members currently have very limited understanding of Islamic finance.
The book has 10 chapters, a country study, and an annexure with a glossary of Islamic finance terms. Following the introductory chapter there are chapters on: