Portaria (Ordinance) No 261/2014 - Diário da República (Portuguese official gazette) No 242/2014, Series I of 2014-12-16
Amending for the first time the Regulation of the Local Support and Micro-company Incentive Scheme.
Reviewing the legal framework of urban lease.
Nigel Barnett talks about bribes and other proprietary rights in insolvencies.
Introduction
For over 150 years, it has been a principle of English law that if an agent takes a bribe or a secret commission, he is liable to account to his principal for the amount received. However, there has been conflicting authority and academic debate as to whether the principal merely has a personal claim against the agent or whether he can assert a proprietary claim to the monies received and any profits made therefrom.
This article first appeared in the December 2014 edition of Corporate Rescue & Insolvency journal. Written by Deepak Reddy in Dentons' New York office, Carlo Vairo in Dentons’ Toronto office and Alexander Hewitt in Dentons' London office.
Key Points
When undergoing a restructuring, a borrower/officeholder's main focus is often the company's lenders. However, there are occasions when HMRC's agreement can be just as key to ensuring any process runs smoothly. In this article, Sonia Jordan and Hayley Çapani discuss some key areas where HMRC's agreement is essential to ensuring a smooth restructuring or insolvency process.
Judgment of the Court of Appeal of Porto of 2014-11-06
Insolvency proceedings – Creditors of the insolvent debtor – Termination of proceedings – No need to adjudicate on the action
This newsletter refers to Restructuring, Insolvency and Bankruptcy news of November 2014.
H.A.M.A.C: adoption de la première sauvegarde accélérée
Le 19 septembre 2014, le tribunal de commerce de Nanterre a ouvert la toute première procédure de sauvegarde accélérée au bénéfice de H.A.M.A.C, la société holding du groupe Alma Consulting, auquel appartient le cabinet de conseil Alma Consulting Group.
The Official Journal of the European Union of July 31, 2014, published the European Commission Guidelines establishing the conditions under which state aid for rescuing and restructuring non-financial undertakings in difficulty can be considered compatible with the domestic market. The Commission has been applying these Guidelines since August
The lender’s credit in respect of the joint-and-several guarantor declared insolvent is contingent unless existence of p
Rescission of an extension to a mortgage granted by the insolvent company securing a preexisting debt of a company of its group
A composition agreement was approved involving the merger of some of group’s companies and with different alternatives, one of which is specifically designed for financial institutions, but open to all creditors, proposing a partial capitalization of the insolvency credits and the payment of the resulting credits through the realization of certain assets and the free cash flow generated by the company in the coming eight years.