M&A Weekly Update 9 - 15 September 2016

GENERAL CORPORATE

In this issue, we focus on cases concerning directors’ considerations when making a solvency statement for a capital reduction, and whether “bad leaver” provisions containing compulsory share transfers are capable of being contractual penalties.

Statements of solvency on a reduction of capital: what must the directors consider?

The High Court has held in BTI 2014 LLC v Sequana SA & others [2016] that payments of dividends were not made in breach of the Companies Act 2006 (the “Act”).

Filed under:
United Kingdom, Scotland, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Macfarlanes LLP
Authors:
John Dodsworth
Location:
United Kingdom
Firm:
Macfarlanes LLP
Banking and Finance Dispute Resolution - September 2016

LITIGATION, ARBITRATION, INVESTIGATIONS AND FINANCIAL CRIME

QUARTERLY UPDATE

Welcome to the latest issue of our Quarterly Update, in which we look at some of the recent highlights and developments in banking and finance disputes and financial crime.

IN THIS ISSUE WE LOOK AT:

A salutary lesson: if you do not intend to be bound by a letter of commitment, say so clearly

Filed under:
United Kingdom, Arbitration & ADR, Banking, Derivatives, Insolvency & Restructuring, Litigation, White Collar Crime, Macfarlanes LLP, Bribery, Money laundering, Serious Fraud Office (UK), International Swaps and Derivatives Association, Court of Appeal of England & Wales
Location:
United Kingdom
Firm:
Macfarlanes LLP