On February 27, 2018, the Supreme Court issued a significant decision that will increase the exposure of debt and equity investors that receive payments from all kinds of highly leveraged transactions, including leveraged buy-outs and dividend recapitalizations. The unanimous opinion in Merit Management Group, LP v.
USA, Capital Markets, Insolvency & Restructuring, Litigation, K&L Gates LLP, Safe harbor (law), Supreme Court of the United States
New Law to Encourage Informal Restructuring
On 28 March 2017, the Federal Government released its long awaited draft legislation that is designed to encourage restructuring of distressed businesses.
The proposed legislation is open for consultation with the finalised legislation expected to come into effect on 1 January 2018. There are two proposed changes:
Australia, USA, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Tax, K&L Gates LLP, Australian Securities and Investments Commission