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    New Federal Bankruptcy Law: Balance Check
    2016-11-21

    There has been a lot of excitement generated around the fact that the UAE has finally adopted a Federal bankruptcy law. But this is not strictly accurate. Although the new Federal Bankruptcy Law No. 8 of 2016 (BL) is the first standalone bankruptcy legislation coming into force end of December 2016, the UAE has had a bankruptcy regime since 1993, laid down in the Commercial Transactions Code (CTC). However, it was rarely used.

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Baker McKenzie
    Authors:
    Habib Al Mulla , Mazen Boustany
    Location:
    United Arab Emirates
    Firm:
    Baker McKenzie
    New EU Proposal for a Preventive Restructuring Framework
    2016-11-01

    Proposal for a directive of the European Parliament and of the council on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures and amending Directive 2012/30/EU

    Filed under:
    European Union, Germany, Insolvency & Restructuring, Baker McKenzie, European Commission
    Authors:
    Dr. Holger Ellers
    Location:
    European Union, Germany
    Firm:
    Baker McKenzie
    November 2016 International Trade Compliance Update
    2016-11-01

    International Trade Compliance (Covering Customs and Other Import Requirements, Export Controls and Sanctions, Trade Remedies, WTO and Anti-Corruption) In This Issue: World Trade Organization (WTO) World Customs Organization (WCO) Other International Matters The Americas - Central America The Americas - North America The Americas - South America Asia-Pacific Europe and Middle East Africa Trade compliance enforcement actions - import, export, IPR, FCPA Newsletters, reports, articles, etc. Webinars, Meetings, Seminars, etc.

    Filed under:
    Africa, Asia-Pacific, Canada, European Union, Global, Middle East, Myanmar, OECD, Russia, Ukraine, United Kingdom, USA, Agriculture, Aviation, Energy & Natural Resources, Environment & Climate Change, Healthcare & Life Sciences, Immigration, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Projects & Procurement, Tax, Trade & Customs, Baker McKenzie, Trade barrier, EU-Canada Comprehensive Economic and Trade Agreement, US Department of Justice, Office of Foreign Assets Control (USA)
    Location:
    Africa, Asia-Pacific, Canada, European Union, Global, Middle East, Myanmar, OECD, Russia, South Korea, Ukraine, United Kingdom, USA
    Firm:
    Baker McKenzie
    Pensions Update - October 2016
    2016-10-31

    31/10/2016 Pensions Update ­ October 2016 http://bakerxchange.com/rv/ff002b980788f142ab3974e23146b6f2e393d02b 1/4 Pensions Update October 2016 In this issue Court of Appeal clarifies treatment of pensions on bankruptcy PPF publishes consultation on 2017/2018 levy DWP consults on valuing pensions for the advice requirement Regulator declares rule change void Next steps in leaving the European Union Committee publishes new evidence on regulation of pension schemes Regulator launches blog Government cancels plans t

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Fiduciary, Statute of limitations, DWP, Court of Appeal of England & Wales, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    Courts give the green light for fraud-based class actions in Canadian insolvency proceedings
    2016-10-20

    Both of Canada’s primary insolvency statutes, the Bankruptcy and Insolvency Act (“BIA”) and the Companies’ Creditors Arrangement Act (“CCAA”) provide for an automatic stay of all legal proceedings when an insolvent debtor files for or seeks insolvency protection. The purpose of the stay is to provide breathing space to a debtor attempting to restructure its business so as to avoid “death by a thousand cuts” and also to ensure similarly situated creditors are treated equally.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Shareholder, Debtor, Fraud, Class action, Legal burden of proof, Prejudice, Prima facie, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie
    US - CBP proposes electronic notices of liquidation as official notice
    2016-10-17

    On October 14, 2016, U.S. Customs and Border Protection (CBP) published in the Federal Register a notice of proposed rulemaking [USCBP–2016–0065] that, if adopted, would amend the CBP regulations to reflect that official notice of liquidation, suspension of liquidation, and extension of liquidation will be posted electronically on the CBP Web site.

    Filed under:
    USA, Insolvency & Restructuring, Trade & Customs, Baker McKenzie
    Location:
    USA
    Firm:
    Baker McKenzie
    PRC Launches Information Website for Bankrupt Enterprises and Sets Up Bankruptcy Courts
    2016-10-13

    Dispute Resolution Beijing/Hong Kong/Shanghai Client Alert PRC Launches Information Website for Bankrupt Enterprises and Sets Up Bankruptcy Courts Recent developments The People’s Republic of China (“PRC”) recently launched two initiatives in relation to enterprise bankruptcies. On 1 August 2016, the Supreme People’s Court (the “SPC”) launched the Information Website for National Bankrupt Enterprises Recombinational Cases (the “Website”).

    Filed under:
    China, Insolvency & Restructuring, Litigation, Baker McKenzie
    Location:
    China
    Firm:
    Baker McKenzie
    Why keeping company records is important
    2016-09-30

    On July 1, 2016, the Penalization of Bankruptcy Fraud Amendment Act (the "Act") came into force. The Act aims to combat bankruptcy fraud and stimulate companies to keep proper records at all times.

    Obligation to keep company records

    A Dutch company's board of managing directors must keep records of the company's financial position and everything related to the company's activities. Additionally, it must keep the company's books, records and other data in such a manner that the company's rights and obligations can be ascertained from them at any time.

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Baker McKenzie
    Location:
    Netherlands
    Firm:
    Baker McKenzie
    The Court of Appeal orders reference to ECJ on meaning and direct effect of Article 8 of the Insolvency Directive
    2016-09-30

    The Court of Appeal has ordered a reference to the Court of Justice of the European Union (ECJ) in Grenville Holden Hampshire v the Board of the Pension Protection Fund which involves a pension scheme member, whose early retirement pension was reduced by two-thirds on the scheme's entry to the PPF, arguing that the statutory cap on compensation payable by the PPF does not give full effect to Article 8 of the EU Insolvency Directive.

    Filed under:
    European Union, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Baker McKenzie, Direct effect of EU law, Pension Protection Fund, Court of Justice of the European Union, Court of Appeal of England & Wales
    Location:
    European Union, United Kingdom
    Firm:
    Baker McKenzie
    Hong Kong Court Paves a Clear Path for the Recognition and Assistance of Foreign Liquidators
    2016-09-29

    Dispute Resolution Beijing/Hong Kong/Shanghai Client Alert Hong Kong Court Paves a Clear Path for the Recognition and Assistance of Foreign Liquidators Recent developments The recent decision of the Hong Kong court in Re Rennie Produce (Aust) Pty Ltd (In Liquidation in Australia) (HCMP 1640/2016, 26 August 2016), together with the prior decision in Re Joint Official Liquidators of Centaur Litigation SPC (In Liquidation) (HCMP 3389/2015, 3391/2015 and 3393/2015, 10 March 2016) have confirmed the court’s willingness to accede to letters of request issued by foreign courts for the recognition

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Baker McKenzie
    Location:
    Hong Kong
    Firm:
    Baker McKenzie

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