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    Hungary's national bank releases circular on outstanding loans under legislative moratoria
    2021-01-25

    The Hungarian National Bank (MNB) has issued its updated management circular for the treatment of outstanding loans affected by legislative moratoria.

    In line with the European Banking Authority (EBA) position, the MNB states that it not necessary to automatically qualify a customer loan as being defaulted or restructured (and thus the creation of higher provisions is not necessary) if the loan fell under the Hungarian legislative moratoria for up to nine months prior to the expiry date of the second moratorium on 30 June 2021.

    Filed under:
    Hungary, Banking, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP
    Authors:
    Erika Papp
    Location:
    Hungary
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    The return of Crown preference from 1 December 2020
    2020-11-30

    What are the new provisions?

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Tax, CMS Cameron McKenna Nabarro Olswang LLP, HM Revenue and Customs (UK)
    Authors:
    Julian Turner
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Court considers effect of liquidation stay on regulatory action by the Financial Conduct Authority
    2020-11-18

    The English Court has, for the first time, handed down judgment on whether the liquidation stay prevents the Financial Conduct Authority (the "FCA") from issuing a Warning Notice under sections 92 and 126 of the Financial Services and Markets Act 2000 ("FSMA") without first seeking leave from the Court.

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Tax, White Collar Crime, CMS Cameron McKenna Nabarro Olswang LLP, Financial Conduct Authority (UK), HM Revenue and Customs (UK), International Chamber of Commerce, Carillion
    Authors:
    Kushal Gandhi
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Changes to Coronavirus Provisions under the Corporate Insolvency and Governance Act 2020
    2020-09-28

    The UK Government has issued secondary legislation extending the period of applicability of certain temporary provisions of the Corporate Insolvency and Governance Act 2020 (“CIGA”).

    Filed under:
    United Kingdom, Banking, Company & Commercial, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus
    Authors:
    Julian Turner
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    The Corporate Insolvency and Governance Act 2020 and Aircraft Finance - Part 3
    2020-07-07

    The UK has introduced a new restructuring tool, the Restructuring Plan, which when coupled with other provisions of the new law creates the possibility of the management of a company in financial difficulty remaining in control of a process designed to turn the company around as a going concern whilst in many cases having the benefit of a moratorium. Sounds a little like Chapter 11 in the US?

    We examine whether the Restructuring Plan will offer aviation companies in the UK (and elsewhere?) a potential route to deal with the difficulties caused by the COVID-19 pandemic.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Corporate governance
    Authors:
    Keith Wilson , Gwen Edwards , Neha Arora
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    The Corporate Insolvency and Governance Act 2020 and Aircraft Finance - Part 1
    2020-06-29

    The new moratorium regime

    What are the potential implications of the new moratorium regime set out in the Corporate Insolvency and Governance Act 2020 (the “Act”) for aircraft lenders, lessors and airlines? In the first of a series of three articles, we consider this new law.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Moratorium (law), Coronavirus
    Authors:
    Keith Wilson , Gwen Edwards , Neha Arora
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Electronic signing in finance transactions
    2020-04-20

    1.Why use an electronic signature?

    2.What is e-signing?

    3.Is e-signing valid?

    4.What types of document can be signed electronically?

    5. Are there any restrictions/protocols relating to electronic signatures?

    6. What is the position with overseas entities?

    7. E-signing with a secure platform

    8. E-signing without a secure platform

    1. Why use an electronic signature?

    Filed under:
    United Kingdom, England & Wales, Banking, Company & Commercial, Insolvency & Restructuring, Real Estate, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus
    Authors:
    Marianne Mudd
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Compensation orders against disqualified directors - Four years in the making
    2019-11-26

    Background

    The aim of the compensation order regime, to make directors financially account for the consequences of their unfit conduct, applies to directors’ conduct after 1 October 2015 and gives the Secretary of State (“SoS”) the power to apply for a compensation order against a director who is either subject to a disqualification order or who has given a disqualification undertaking and the conduct of that person has caused loss to one or more creditors of the insolvent company.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP
    Authors:
    Julian Turner , Rebecca Hennis
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Romania implements tax debt restructuring and cancels tax liabilities
    2019-08-09

    Less than four years after the last fiscal amnesty, on 5 August, the Romanian government published a fiscal amnesty ordinance (No. 6/2019) that sets the framework for restructuring the debt of taxpayers with outstanding tax obligations and for the cancellation of accessory obligations.

    Filed under:
    Romania, Banking, Insolvency & Restructuring, Tax, CMS Cameron McKenna Nabarro Olswang LLP
    Location:
    Romania
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Switching up the way that insolvency and bankruptcy is dealt with in the DIFC - A review of the new DIFC Insolvency Law
    2019-08-07

    On 13 June 2019 the new Insolvency Law(DIFC Law No. 1 of 2019) and the associated Insolvency Regulations 2019 (the “Law”) came in to effect in the Dubai International Finance Centre (“DIFC”) repealing and replacing the DIFC’s Insolvency Law of 2009 (the “Old Law”).

    Filed under:
    Middle East, United Arab Emirates, Banking, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP
    Location:
    Middle East, United Arab Emirates
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP

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