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On 31 March 2020, the Czech government approved ‘Lex COVID-19’, a new act (and an amendment of the Insolvency Act and Enforcement Code) that should help mitigate certain effects caused by the COVID-19 epidemic, especially in relation to different proceedings (e.g. civil, administrative, criminal, insolvency and enforcement) and the corporate lives of legal entities.

Lex COVID-19 will now be debated in the Chamber of Deputies ahead of final approval.

On Saturday (28 March 2020) the UK Government announced certain changes to insolvency laws in response to COVID-19, intended to help companies and directors.

There are two aspects to the changes:

  1. Retrospective suspension or relaxation of wrongful trading

  2. New restructuring procedure and new temporary moratorium

Introduction

On Saturday (28 March 2020) the UK Government announced certain changes to insolvency laws in response to COVID-19, intended to help companies and directors.

There are two aspects to the changes:

Correct as of 16.00 on 24 March 2020. This article is being maintained.

The global COVID-19 outbreak is presenting businesses with unprecedented challenges. In the last two weeks the UK Government has announced a raft of COVID-19 liquidity and tax assistance measures for businesses and individuals.

As part of its economic response to the COVID-19 pandemic, yesterday the Government passed a ‘temporary safe harbour’ insolvency measure[1].

受OPEC与俄罗斯减产谈判进展及后续措施影响,3月9日开市以来原油价格强劲下行,连带其他相关大宗商品价格以同样惊人的幅度大幅下跌,朋友圈纷纷感叹“活久见”。2020年初的黑天鹅接踵而至,很难判断下一站的走势到底在哪,也难判断对国内期货等金融市场的传导究竟会到何种程度。在这个价格剧烈波动的日子,人们耳边又回响起华尔街故老相传的”Bulls make money, bears make money, pigs get slaughtered” 的残酷谚语。在目前中国境内证券期货市场中,和做空手段相对有限的股票市场相比,期货市场天然的多头-空头交易机制可以更直观的展现这句话的涵义。

1、当我们在谈论“强行平仓”和“三板强平”时,我在谈些什么?

期货交易的亏损并不仅指强行平仓带来的损失,但是面对如此惊人的市场变化,“爆仓”、“强行平仓”和“三板强平”这类期货术语或行话还是最让人屏住呼吸的字眼。与肾上腺素飙升,杀伐决断的Trader们以及或焦虑或欣慰的相关企业的关注点不同,作为律师的我们,视线停在了这些期货术语或行话背后的基础法律关系上。从机制本身出发:

Last September we reported on the Court’s decision on the landlords’ challenge to the Debenhams CVA on grounds of unfair prejudice and material irregularity, in respect of which the landlords have now successfully obtained permission to appeal on various grounds (see below).

Introduction

The decision of ICC Judge Barber in the case of Stephen Hunt & System Building Services Group Limited -v- Brian Michie & System Building Services Group Limited [2020] EWHC 54 (Ch) was recently handed down and it is an interesting decision about directors’ duties post the appointment of an administrator or liquidator.

Facts

The facts are quite involved and matter specific, and gave rise to a number of issues, but for present purposes the key issues are as follows.