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    German “restructuring tax law” under review of the European Commission
    2011-06-09

    On 26 January 2011 the European Commission declared the so-called Restructuring Clause (Sanierungsklausel) (Sec. 8c (1a) of the German Corporate Income Tax Act (CTA)) as inconsistent with EU funding guidelines. The decision of the European Commission is criticized by national experts and stresses the German economy with a hardly tolerable uncertainty as regards tax issues in restructurings.  

    Filed under:
    Germany, Insolvency & Restructuring, Tax, Latham & Watkins LLP, Regulatory compliance, Tax exemption, Ex post facto law, Debt, Balance sheet, Bénéfice, European Commission, Federal Ministry of Finance (Germany), Court of Justice of the European Union
    Location:
    Germany
    Firm:
    Latham & Watkins LLP
    The impact of CDS on restructurings
    2011-02-24

    Restructuring companies in respect of which there exists a significant credit default swaps (CDS) market adds an additional level of complexity which the debtor and all stakeholders should consider and assess early on in the process, as it could determine the success or failure of a restructuring plan.

    Filed under:
    European Union, Global, USA, Derivatives, Insolvency & Restructuring, Latham & Watkins LLP, Bond (finance), Bankruptcy, Credit (finance), Debtor, Interest, Swap (finance), Credit risk, Maturity (finance), Balance sheet, Credit default swap
    Authors:
    John Houghton
    Location:
    European Union, Global, USA
    Firm:
    Latham & Watkins LLP
    Eurosail — has the balance been redressed?
    2013-05-15

    Eurosail’s journey has come to an end: the Supreme Court rejects the “point of no return” test, returns to balance sheet basics.

    John Houghton, European Head of Restructuring and Co-Global Chair of Bankruptcy and Restructuring remarks:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Liquidation, Balance sheet, Insolvency Act 1986 (UK)
    Authors:
    John Houghton , James Chesterman , Vanessa Morrison
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    German insolvency laws continue to facilitate out-of-court restructurings: German legislation resolves to permanently apply current restructuring friendly overindebtedness regime
    2012-12-06

    The German Insolvency Code requires the management of German limited liability companies (GmbH), stock corporations (AG) and other entities without personal liability to file for the commencement of insolvency proceedings no later than three weeks after the entity has become illiquid (zahlungsunfähig) or overindebted (überschuldet).  

    Filed under:
    Germany, Insolvency & Restructuring, Latham & Watkins LLP, Market liquidity, Liquidation, Balance sheet
    Authors:
    Frank Grell
    Location:
    Germany
    Firm:
    Latham & Watkins LLP
    Fortune favours the...Crown
    2018-11-16

    The Chancellor announced in his budget that the Crown is to be re-instated as a preferential creditor in insolvency, reversing the changes brought in by The Enterprise Act 2002.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Public, Tax, CMS Cameron McKenna Nabarro Olswang LLP, Budget, Debt, Economy, Good faith, Balance sheet, HM Revenue and Customs (UK)
    Authors:
    Siân Aitken
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Bulgaria: Stress tests for insurers by the end of 2016
    2016-07-12

    Proposed amendments to the Recovery and Restructuring of Credit Institutions and Investment Intermediaries Act, effective as of 14 August 2015 (“Recovery and Restructurings Act”) provide that stress tests should be carried out for insurers and reinsurers. If approved by the Parliament, the changes will necessitate the organising and performing of stress tests for insurers and reinsurers within a tight timeframe, by the end of 2016.

    Filed under:
    Bulgaria, Banking, Insolvency & Restructuring, Insurance, CMS Cameron McKenna Nabarro Olswang LLP, Reinsurance, Balance sheet
    Location:
    Bulgaria
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Supreme Court reverts to common sense approach on the balance sheet test for insolvency
    2013-05-10

    The guidelines laid down by the English courts for applying the balance sheet test for insolvency affects not only whether a company is technically insolvent, but also the enforceability of clauses in transactional banking documents and the ability of a liquidator to challenge certain antecedent transactions. The Supreme Court’s decision will therefore be welcomed by advisors, bankers and insolvency practitioners as it has overturned the high threshold laid down by the Court of Appeal.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Debtor, Swap (finance), Liability (financial accounting), Balance sheet, Insolvency Act 1986 (UK)
    Authors:
    Rita Lowe
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Reform of French insolvency law overview of the Executive Order of 12 March 2014
    2014-03-25

    Executive Order n° 2014-326 of 12 March 2014 reforming French insolvency proceedings was published in the Official Journal of the French Republic (Journal officiel de la République Française) on 14 March 2014.

    Considered a priority by the Government, the objectives of this reform include, notably, favoring preventative measures and increasing the powers of creditors.1 Below are the principal provisions which will enter into force on 1 July 2014:

    Amicable proceedings: mandat ad hoc, conciliation proceeding

    Filed under:
    France, Insolvency & Restructuring, White & Case LLP, Shareholder, Debtor, Balance sheet
    Authors:
    Céline Domenget Morin
    Location:
    France
    Firm:
    White & Case LLP
    The new German laws governing the restructuring of companies - it's time for change!
    2011-06-06

    On the bill of the Federal German Government for an Act Serving the Further Facilitation of the Reorganization of Enterprises (ESUG)

    Filed under:
    Germany, Insolvency & Restructuring, White & Case LLP, Legal personality, Shareholder, Debtor, Unsecured debt, Balance sheet, Commercial law, Debtor in possession
    Authors:
    Leïla M. Röder , Dr. Tom Oliver Schorling , Dr. Sven-Holger Undritz
    Location:
    Germany
    Firm:
    White & Case LLP
    Corporate reorganization of Takefuji corporation
    2010-10-04

    Court Acceptance of Petition for Corporate Reorganization

    Filed under:
    Japan, Insolvency & Restructuring, White & Case LLP, Shareholder, Debtor, Unsecured debt, Debt, Liability (financial accounting), Balance sheet, Debtor in possession, Market value, Trustee
    Location:
    Japan
    Firm:
    White & Case LLP

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