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    English Court recognises sole director's decision-making powers
    2022-10-11

    The High Court has recently held that the appointment of administrators by a sole director of a company with unamended Model Articles was valid.  

    Background 

    The document allegedly appointing the administrators of the company was a standard set of board minutes, reportedly chaired by a man and recording that a quorum was present. In fact, there was no meeting, and the decision was taken alone by the sole female director. 

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing, Articles of association, Insolvency
    Authors:
    Emilie Kennedy
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    English Court recognises sole director's decision-making powers
    2022-10-11

    The High Court has recently held that the appointment of administrators by a sole director of a company with unamended Model Articles was valid.  

    Background 

    The document allegedly appointing the administrators of the company was a standard set of board minutes, reportedly chaired by a man and recording that a quorum was present. In fact, there was no meeting, and the decision was taken alone by the sole female director. 

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing, Articles of association, Insolvency
    Authors:
    Emilie Kennedy
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    English Court recognises sole director's decision-making powers
    2022-10-11

    The High Court has recently held that the appointment of administrators by a sole director of a company with unamended Model Articles was valid.  

    Background 

    The document allegedly appointing the administrators of the company was a standard set of board minutes, reportedly chaired by a man and recording that a quorum was present. In fact, there was no meeting, and the decision was taken alone by the sole female director. 

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing, Articles of association, Insolvency
    Authors:
    Emilie Kennedy
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    English Court recognises sole director's decision-making powers
    2022-10-11

    The High Court has recently held that the appointment of administrators by a sole director of a company with unamended Model Articles was valid.  

    Background 

    The document allegedly appointing the administrators of the company was a standard set of board minutes, reportedly chaired by a man and recording that a quorum was present. In fact, there was no meeting, and the decision was taken alone by the sole female director. 

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing, Articles of association, Insolvency
    Authors:
    Emilie Kennedy
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    English Court recognises sole director's decision-making powers
    2022-10-11

    The High Court has recently held that the appointment of administrators by a sole director of a company with unamended Model Articles was valid.  

    Background 

    The document allegedly appointing the administrators of the company was a standard set of board minutes, reportedly chaired by a man and recording that a quorum was present. In fact, there was no meeting, and the decision was taken alone by the sole female director. 

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing, Articles of association, Insolvency
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Euroresource--deals and debt
    2013-07-30

    Recent developments

    Filed under:
    Netherlands, Spain, United Kingdom, USA, Banking, Capital Markets, Company & Commercial, Employee Benefits & Pensions, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Jones Day, Public company, Shareholder, Amicus curiae, Debt, Articles of association, Fonds monétaire international, Second Circuit
    Authors:
    Corinne Ball , Laurent Assaya , Bruce Bennett , Dr. Olaf Benning , Víctor Casarrubios , Juan Ferré
    Location:
    Netherlands, Spain, United Kingdom, USA
    Firm:
    Jones Day
    You go bust, your assets are mine! The anti-deprivation rule considered
    2010-05-31

    There is something positively Dickensian when looking at the anti-deprivation rule (the "rule") and images come up of scribes working in dark and dismal rooms scratching their quills by dim candle light. Indeed, the rule dates back to the nineteenth century and many lawyers would be hard-pressed to explain it even if they are able to grasp the contradictions and fine distinctions thrown up by the old cases. In essence, the rule provides that a contractual provision is void if it provides for the transfer of an asset from the owner to a third party upon the insolvency of the owner.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Jones Day, Share (finance), Royalty payment, Bankruptcy, Landlord, Leasehold estate, Joint venture, Liquidation, Fair market value, Common law, Articles of association, Liquidator (law), Lehman Brothers
    Authors:
    Michael Rutstein , Victoria Ferguson
    Location:
    United Kingdom
    Firm:
    Jones Day
    BVI court hands down preliminary issues decision in claims brought by liquidators of Bernard Madoff "feeder fund"
    2011-09-16

    On 16 September 2011 judgment was handed down by the BVI Commercial Court in a number of cases that have been brought by the liquidators of Fairfield Sentry Limited (“Fairfield”), a "feeder fund" into Bernard L Madoff Investment Securities Limited (“BLMIS”), against a number of investors that historically redeemed out of the fund (the "Fairfield judgment"). Subject to any appeal, the Fairfield judgment should put an end to the liquidators’ claims in the BVI.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Ogier, Share (finance), Consideration, Liquidation, Articles of association, Liquidator (law), Net asset value
    Location:
    British Virgin Islands
    Firm:
    Ogier
    When is a redemption effective: Reserve International Liquidity Fund Ltd
    2010-05-12

    The British Virgin Islands Commercial Court has recently delivered a decision in Western Union International Limited v Reserve International Liquidity Fund Ltd which addresses the issue of when during the redemption process a redeeming investor becomes a creditor of the fund and is therefore entitled to apply for the appointment of a liquidator.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Ogier, Share (finance), Shareholder, Dividends, Market liquidity, Liquidation, Articles of association, Unsecured creditor, Bankruptcy of Lehman Brothers, Net asset value, Companies Act 2006 (UK), Lehman Brothers
    Location:
    British Virgin Islands
    Firm:
    Ogier
    When is a redemption effective?: Reserve International Liquidity Fund Ltd
    2010-04-30

    The British Virgin Island’s Commercial Court has recently delivered a decision in Western Union International Limited v Reserve International Liquidity Fund Ltd which addresses the issue of when during the redemption process a redeeming investor becomes a creditor of the fund and is therefore entitled to apply for the appointment of a liquidator.

    Filed under:
    British Virgin Islands, Capital Markets, Insolvency & Restructuring, Litigation, Ogier, Share (finance), Shareholder, Dividends, Market liquidity, Liquidation, Articles of association, Liquidator (law), Unsecured creditor, Bankruptcy of Lehman Brothers, Net asset value, Companies Act 2006 (UK), Lehman Brothers
    Authors:
    Simon Schilder
    Location:
    British Virgin Islands
    Firm:
    Ogier

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