An international multi-disciplinary approach to combatting fraud in insolvency by Carmel King & Willem van Nielen

An international multidisciplinary approach to combatting fraud in insolvency is a practical necessity. Where cases are multi-jurisdictional, it is essential to use innovative approaches with input across several disciplines. The INSOL Europe Anti-Fraud Forum (“AFF”) was established with this as one of its aims. This working group currently has 69 members spanning 22 jurisdictions, all of whom specialise in using insolvency processes to assist with the tracing and recovery of assets.

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Books Reviews by Paul J.Omar and David Ehmke

L’Application du règlement 1346/2000 relatif aux Procédures d’Insolvabilité aux Groupes des Sociétés (The application of the European Insolvency regulation to corporate groups: an Anglo-French perspective) by Myriam Mailly.

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Wrongful trading in Europe by Mihai Lanţoş

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.

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Brexit's Impact on Cross-Border Insolvencies by Charles Draper

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.

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Norton Rose Fulbright LLP | Pensions Briefing - DC Bulk Transfers - New without consent regime | June 2018

In April 2018, the Pension Regulator (the Regulator) released guidance for trustees on the new regime for bulk transfers between trust arrangements offering 'pure' money purchase or defined contribution (DC) benefits. This follows the coming into force on April 6, 2018 of amendments to the Occupational Pension Schemes (Preservation of Benefits) Regulations 1991 (the Preservation Regulations).
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