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    New mechanism introduced for freezing a debtor’s Bank accounts throughout the EU
    2017-01-19

    The European Account Preservation Order Regulation 655/14 came into effect yesterday, 18 January 2017 throughout Europe except in the UK and Denmark - who have not adopted the regulation. The Regulation establishes a procedure which enables creditors from a participating member state to seek an Order preventing a debtor from dissipating assets until such time as the creditor’s proceedings for Judgement are determined and enforced.

    Filed under:
    European Union, Ireland, Banking, Insolvency & Restructuring, RDJ LLP
    Authors:
    Ricky Kelly
    Location:
    European Union, Ireland
    Firm:
    RDJ LLP
    Freeze! Securing a debtor's assets in a foreign country can be a difficult and lengthy exercise - a new EU Regulation will change this.
    2017-01-24

    Suppose you were a German bank lending to a Spanish debtor under a loan agreement governed by German law. Once your Spanish debtor stops paying, the bank would have to obtain a German legal judgment and would then have to enforce it in Spain. Any measure to secure the debtor's assets in the meantime, is typically subject to the jurisdiction where the asset is located, or subject to lengthy recognition proceedings. Having to resort to local law measures usually puts foreign creditors in a worse-off position than local ones.

    Filed under:
    European Union, Germany, Banking, Insolvency & Restructuring, Schoenherr
    Authors:
    Miriam Simsa
    Location:
    European Union, Germany
    Firm:
    Schoenherr
    The European account preservation order at a Glance - 7 questions & 7 answers
    2017-01-31

    The EU Regulation No 655/2014 of 15 May 2014 established a European Account Preservation Order (“EAPO”). The Regulation became applicable as of 18 January 2017 within the EU except for the United Kingdom and Denmark .

    Who should be interested in this Regulation?

    Subject to the reservation in 2 below, anybody who holds money claims against a debtor domiciled in another EU Member State, whether a company or a consumer, provided that no insolvency proceedings are pending with regard to the debtor.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Wolf Theiss
    Authors:
    Holger Bielesz
    Location:
    European Union
    Firm:
    Wolf Theiss
    Funds Talk: February 2017
    2017-02-01

    Funds Talk: February 2017

     

    Topics covered in this issue include:

    Filed under:
    European Union, USA, Banking, Capital Markets, Competition & Antitrust, Corporate Finance/M&A, Derivatives, Employee Benefits & Pensions, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Tax, White Collar Crime, Kramer Levin Naftalis & Frankel LLP, Employee Retirement Income Security Act 1974 (USA), Internal Revenue Code (USA)
    Location:
    European Union, USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    The legal debate concerning an Italian exit from the Euro
    2017-02-03

    Introduction

    Filed under:
    European Union, Italy, Banking, Insolvency & Restructuring, Nctm Studio Legale, European Commission, Council of the European Union, European Parliament, Treaty on the Functioning of the European Union
    Authors:
    Dario Loiacono
    Location:
    European Union, Italy
    Firm:
    Nctm Studio Legale
    The Road Ahead for 2017 - Restructuring & Insolvency in Germany and the EU
    2017-01-09

    While the number of corporate insolvencies in Germany has declined over the last couple of years, the general market perception is that the number of insolvencies may increase again in 2017. Also, as more larger companies are facing distressed situations, the overall value of distressed debt is therefore expected to rise as well.

    The legal framework for restructuring & insolvency in Germany will also change in 2017, not only based on domestic legislation, but also because of developments on the EU level.

    Filed under:
    European Union, Germany, Banking, Insolvency & Restructuring, Squire Patton Boggs, Brexit
    Authors:
    Andreas Lehmann
    Location:
    European Union, Germany
    Firm:
    Squire Patton Boggs
    Preview of 2017
    2017-01-10

    2017 will see major changes to the UK legal landscape, with Article 50 of the Treaty on European Union expected to be triggered by the end of March 2017 to begin the Brexit process. The legal implications of Brexit will be hugely significant; preparing for their impact will be a substantial challenge across every industry sector. Our Preview of 2017 outlines these implications, as well as identifying other trends and issues we expect to be on the legal agenda this year.

    Filed under:
    European Union, OECD, United Kingdom, Banking, Capital Markets, Competition & Antitrust, Construction, Corporate Finance/M&A, Derivatives, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Legal Practice, Litigation, Public, Real Estate, Tax, Telecoms, Trade & Customs, White Collar Crime, Herbert Smith Freehills LLP, Brexit
    Location:
    European Union, OECD, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Italy Issues Decree Aimed at Rescuing Troubled Banks
    2017-01-10

    Introduction

    After months of drama prompted by the intertwined destinies of a constitutional referendum and the recapitalization of Monte dei Paschi di Siena (“MPS”), Italy’s third largest bank, and following the resignation of the Renzi government, the first important measure approved by the new Italian cabinet was an emergency decree aimed at safeguarding the Italian banking sector.

    Filed under:
    European Union, Italy, Banking, Insolvency & Restructuring, Paul Hastings LLP, Liability (financial accounting)
    Authors:
    Bruno Cova , Eriprando Guerritore , Patrizio Braccioni , Marc-Alexandre Courtejoie , Fabio Cozzi
    Location:
    European Union, Italy
    Firm:
    Paul Hastings LLP
    The Road Ahead for 2017- Restructuring & Insolvency in the UK
    2017-01-10

    The uncertainties of the UK’s Brexit negotiations with the remaining 27 EU member states are weighing heavily on the UK economy. The 2 years of negotiations will not even begin until notice is served under Article 50 and the procedure as to how Article 50 can be triggered will be the subject of a Supreme Court decision expected later this month.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Public, Real Estate, Squire Patton Boggs, Brexit
    Authors:
    Susan Kelly
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Expect the unexpected: The year ahead for the Financial Institutions Sector
    2017-01-13

    Expect the unexpected: The year ahead for the Financial Institutions Sector 1 Expect the unexpected: The year ahead for the Financial Institutions Sector 1 2 Hogan Lovells Expect the unexpected: The year ahead for the Financial Institutions Sector January 2017 3 Introduction 4 Rachel Kent and Emily Reid At a glance: Calendar of key events 6 Year ahead: Key features 8 FinTech: The future is now 10 PSD2: Getting ahead of the competition?

    Filed under:
    European Union, United Kingdom, USA, Banking, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Real Estate, White Collar Crime, Hogan Lovells, MiFID, GDPR
    Location:
    European Union, United Kingdom, USA
    Firm:
    Hogan Lovells

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