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    Financial Restructuring Tools to Continue to be Used by Creditors and Debtors
    2021-07-16

    Recent development

    With a presidential decision numbered 4299 and dated 14 July 2021, the effectiveness of Temporary Article 32 of the Banking Law regulating the financial restructuring transactions and related incentives and tax exemptions contemplated under the Framework Agreement has been extended for an additional two years. Please refer to the following links for our alerts on the introduction of Temporary Article 32 and the Framework Agreement:

    What’s new?

    Filed under:
    Turkey, Banking, Insolvency & Restructuring, Baker McKenzie
    Authors:
    Muhsin Keskin
    Location:
    Turkey
    Firm:
    Esin Attorney Partnership
    Singapore: Court of Appeal clarifies that the cash flow test is the determinative test to ascertain whether a company is unable to pay its debts
    2021-07-15

    In brief

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Nandakumar Ponniya , Emmanuel Chua , Kai Tai Yiu
    Location:
    Singapore
    Firm:
    Baker McKenzie
    China and Hong Kong: Mainland and Hong Kong agree framework for mutual judicial recognition and assistance in corporate insolvency and debt restructuring
    2021-07-05

    In brief

    On 14 May 2021, the Supreme People’s Court (SPC) and the Hong Kong government agreed a framework (“Framework”) for judicial cooperation in corporate insolvency and debt restructuring. Under the Framework:

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Kwun-Yee Cheung , Edmund Ma
    Location:
    Hong Kong
    Firm:
    Baker McKenzie
    Subordination of claims filed by affiliates/owners against a debtor as an instrument to prevent controlled insolvencies in Russia
    2021-07-05

    1. Introduction

    As in other jurisdictions, Russia’s insolvency legislation is based on the pari passu principle. However, this principle is subject to certain exceptions, specifically with respect to shareholders and other non-arm’s length creditors, such as the controlling persons of an insolvent company (“Affiliated Creditors”).

    In practice, Affiliated Creditors use other instruments (e.g. loans, intergroup supplies etc.) to have their claims listed in the creditors’ register of an insolvent company.

    Filed under:
    Russia, Insolvency & Restructuring, Baker McKenzie
    Authors:
    Pavel Novikov , Andrey Bogdanov
    Location:
    Russia
    Firm:
    Baker McKenzie
    Singapore: The post-pandemic restructuring landscape - three trends from Asia
    2021-07-06

    Against the backdrop of the covid-19 pandemic and soon-to-be-rescinded government support schemes, local principal Emmanuel Chua and associate Shriram Jayakumar at Baker & McKenzie Wong & Leow in Singapore discuss three key trends to look for in the “new normal”

    Filed under:
    Singapore, Insolvency & Restructuring, Baker McKenzie, Litigation funding, Coronavirus
    Authors:
    Emmanuel Chua
    Location:
    Singapore
    Firm:
    Baker McKenzie
    Singapore: The post-pandemic restructuring landscape - Three trends from Asia
    2021-07-02

    In brief

    Against the backdrop of the COVID-19 pandemic and soon-to-be-rescinded government support schemes, local principal Emmanuel Chua and associate Shriram Jayakumar at Baker & McKenzie Wong & Leow in Singapore discuss three key trends to look for in the "new normal."


    Contents

    Filed under:
    Global, Singapore, Insolvency & Restructuring, Baker McKenzie, Coronavirus
    Authors:
    Richard Allen , Nandakumar Ponniya
    Location:
    Global, Singapore
    Firm:
    Baker McKenzie
    China and Hong Kong: Mainland and Hong Kong agree framework for mutual judicial recognition and assistance in corporate insolvency and debt restructuring
    2021-06-28

    In brief

    On 14 May 2021, the Supreme People’s Court (SPC) and the Hong Kong government agreed a framework (“Framework”) for judicial cooperation in corporate insolvency and debt restructuring.  Under the Framework:

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Kwun-Yee Cheung , Edmund Ma
    Location:
    China, Hong Kong
    Firm:
    Baker McKenzie
    International: Restructuring & Insolvency Update - Mutual recognition of insolvency proceedings in Hong Kong & Mainland China
    2021-06-18

    In brief

    On 14 May 2021, the Supreme People's Court of the PRC (SPC) and the Government of the Hong Kong Special Administrative Region (HKSAR)  signed a Record of Meeting setting out a framework to facilitate the mutual recognition of and assistance to insolvency proceedings between Mainland China and Hong Kong ("Arrangement"). The Record of Meeting is supplemented by the SPC's Opinion and the HKSAR Government's Practical Guide, which together provide the "Framework". 

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Supreme People's Court
    Authors:
    Bevis Metcalfe , Priyanka Usmani
    Location:
    China, Hong Kong
    Firm:
    Baker McKenzie
    International: Restructuring & Insolvency Update - Mutual recognition of insolvency proceedings in Hong Kong & Mainland China
    2021-06-17

    In brief

    On 14 May 2021, the Supreme People's Court of the PRC (SPC) and the Government of the Hong Kong Special Administrative Region (HKSAR)  signed a Record of Meeting setting out a framework to facilitate the mutual recognition of and assistance to insolvency proceedings between Mainland China and Hong Kong ("Arrangement"). The Record of Meeting is supplemented by the SPC's Opinion and the HKSAR Government's Practical Guide, which together provide the "Framework". 

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Bevis Metcalfe , Priyanka Usmani
    Location:
    Hong Kong
    Firm:
    Baker McKenzie
    INSOL Virtual 2021: When the well runs dry - A look at directors’ and officers’ duties and liabilities in COVID
    2021-06-10

    In this session, the panellists took up the challenge of predicting the post COVID future for directors, and the immediate challenges they will face as a result of the winding back of protections and support provided in 2020.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Baker McKenzie, Coronavirus
    Authors:
    Ian Innes
    Location:
    United Kingdom
    Firm:
    Baker McKenzie

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