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When Blockchain Immutability Meets Bankruptcy

This article was first published in Digital Asset.

“Immutable” is a term that is frequently used when people talk about blockchain and the benefit of using this technology for record-keeping.

Global, Banking, Insolvency & Restructuring, IT & Data Protection, King & Wood Mallesons, Blockchain
Termination upon insolvency: Financial markets and Australia’s proposed insolvency law reforms

On 29 April 2016, the Australian Government Treasury released a proposal paper that, among other things, proposed reforms to introduce an ipso facto moratorium (Proposal). This reform was foreshadowed in as part of the Australian Government’s National Innovation and Science Agenda.

Australia, Derivatives, Insolvency & Restructuring, King & Wood Mallesons
British Virgin Islands court rules on the ranking of redeemed shareholders

A recent decision from the Commercial Court of the British Virgin Islands has clarified the position of a redeemed shareholder of a fund who has a claim for redemption proceeds which have become due and payable. In the matter ofWestern Union International Limited v Reserve International Liquidity Fund Ltd., the court considered the status of a redeemed shareholder both before and after the commencement of the liquidation of a fund and the operation of Section 197 of the Insolvency Act, 2003 (the “Act”). Section 197 states that:

British Virgin Islands, Company & Commercial, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Share (finance), Regulatory compliance, Shareholder, Unsecured debt, Dividends, Market liquidity, Liquidation, Articles of association, Internal Revenue Service (USA), US Federal Government, Internal Revenue Code (USA)