A new insolvency law fast tracked by the UK government as a response to the impact of the Covid-19 pandemic on businesses has prompted confusion and disappointment among restructuring advisers, Reuters reported. The main gripe among advisers centres around the new rules governing declaring a debt moratorium - essentially a repayment holiday - which they say are unworkable for larger companies holding more complex debt structures that include high-yield bonds and bank debt. “The moratorium is an opportunity missed.
Emerging market investors are no strangers to sovereign debt crises, but few have been as perilous as the one facing Lebanon given a toxic combination of financial and political weaknesses and no obvious economic platform on which to build a recovery, Reuters reported. Since defaulting for the first time on its foreign currency debt in March, Lebanon has formed a rescue plan and started negotiations with the International Monetary Fund on $10 billion of aid, both moves that would normally be read as positive for a country mired in debt.
Japan’s financial regulator is closely watching global credit markets for renewed signs of stress because there’s no guarantee that support measures will keep borrowers afloat during the pandemic, officials said, Bloomberg News reported. Efforts in the U.S. and elsewhere have so far staved off a potential implosion of securities like collateralized loan obligations, which are favored by yield-starved Japanese banks.
Argentina published a new debt offer that shortens its payment moratorium to two years and delays principal payments for half a decade. Under the revised proposal, the South American nation wouldn’t pay coupons until 2022, Bloomberg News reported. Its initial offer called for a three-year delay. Principal repayments would begin in May 2025, according to a statement from the Economy Ministry. President Alberto Fernandez’s administration entered talks with its largest creditors on Saturday after formally defaulting for the ninth time in the nation’s history.
To some short sellers, GSX Techedu Inc. is an “almost completely empty box,” with numbers that are too good to be true, Bloomberg News reported. To many analysts -- including those at Credit Suisse Group AG, which led the company’s initial public offering -- the Chinese online education firm remains a buy, and detractors just don’t understand the business model.
Kenya urgently needs to establish a credit-guarantee program to reduce the risk of lending to small- and mid-sized companies battered by the coronavirus pandemic, according to central bank Governor Patrick Njoroge, Bloomberg News reported. Three in four small businesses in the East African economy only have cash to cover two months of requirements, Njoroge said, citing an April survey.
Economic sentiment in the euro area rose from a record low after companies started to reopen across the continent following the easing of pandemic restrictions, Bloomberg News reported. A small pickup in the European Commission gauge is consistent with similar reports in recent weeks that suggest the 19-nation region is slowly working its way out of the worst crisis in living memory.
EasyJet will not fly to Italy if Rome prolongs social distancing rules on planes beyond June 15, the budget airline’s chief executive said in a newspaper interview, Reuters reported. “It would be impossible for companies to operate with only a third of the seats sold,” Lundgren was quoted as saying by Corriere della Sera on Thursday.
LATAM Airlines Group’s U.S. bankruptcy filing this week will delay its potential bailout in Brazil to at least July and also push back aid to its rivals at least through the end of June, two sources said on Thursday, Reuters reported. The delays will add further strain to Brazil’s airlines, which were already in weak shape before the pandemic. Rivals Azul SA and Gol Linhas Aereas Inteligentes SA are also negotiating bailouts. “The bailout will happen; what could happen is that it may be staggered due to LATAM’s situation,” said one source.
Joint administrators for Dubai-based NMC Health said on Thursday that the most likely exit option for the company was either dissolution or liquidation, Reuters reported. However, administrators from consulting firm Alvarez and Marsal Europe said it would not be possible to conclude the ultimate outcome of the process until all investigations into the company have progressed and the liability position is ascertained. NMC Health is the largest private healthcare provider in the UAE but came under scrutiny late last year when U.S.-based short-seller Muddy Waters criticised its financial state
Resources by Country & Region
Framework conditions for DLT/blockchain technology to be improved in Switzerland by Dr. Lukas Bopp & Prof. Dr. Daniel Staehelin
Switzerland is therefore one of the first countries in Europe to plan to adapt its legislation to developments in the technology of distributed electronic registers. The aim of the new legislation is to create the legal basis for Switzerland to further develop its position as a leading, innovative and sustainable location for block chain/distributed ledger technology (DLT) companies. The legislation project was launched in December 2018 with a report on the legal framework for block chain and DLT in the financial sector.
The EU adopted on 20 June 2019 the Directive (EU) 2019/1023 of the European Parliament and of the Council on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (hereafter the ‘Directive’).
Amendments of the Commercial Code by the “Loi Pacte” of 22 May 2019. With the adoption of the Law No. 2019-486 of May 22, 2019 (Action Plan for the growth and transformation of enterprises – “Loi Pacte”), some technical improvements should be mentioned.
Indeed, among several amendments introduced to the French commercial code, some provisions modify the current rules on insolvency. These changes are made before a major reform expected in the coming two years, as a consequence of the implementation of the Directive 2019/1023 of 20 June 2019.
On 5 July 2019, the Dutch Ministry of Justice submitted to Parliament a bill, the Act on the Confirmation of Private Plans, seeking to introduce a pre-insolvency procedure in the Netherlands, which one might refer to as the “Dutch scheme”. It is expected or hoped for that the bill will be adopted by Parliament this year and enter into force in January or July next year.
On 13 June 2019 the Parliament of Lithuania adopted the new Law on the Insolvency of Legal Entities (“Insolvency Law”). The law will come into force on 1 January 2020 and will replace two current laws, the Enterprise Bankruptcy Law and the Law on Restructuring of Enterprises.
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: