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    Significant amendments to Czech Insolvency Act
    2017-04-21

    The new Amendment on the Czech Insolvency Act (the “Amendment”) will enter into force on 1 July 2017.

    The Amendment introduces a “liquidity gap” test, which will be used when a debtor (entrepreneur) needs to determine whether it is considered insolvent or not. The liquidity gap is the difference between a debtor’s due debts and its readily available funds. A debtor will only be considered insolvent if the liquidity gap is higher than 10% of its overdue debts.

    Filed under:
    Czech Republic, Banking, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP
    Authors:
    Tomáš Matejovský , Pavla Krecková , Lukáš Valúšek
    Location:
    Czech Republic
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Back to the drawing board for Amigo: FCA succeeds in challenging its proposed Scheme of Arrangement
    2021-05-26

    The Court (Mr Justice Miles) has refused to sanction a scheme of arrangement (the “Scheme”) between ALL Scheme Limited (the “Company”) and its creditors. The Company is an entity within the Amigo group of companies (the “Group”).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Financial Conduct Authority (UK)
    Authors:
    Julian Turner
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Disputes Digest - April 2017
    2017-04-18

    Issue 6 | April 2017 Disputes Digest 2 | Disputes Digest Corporate counsel’s guide to the key cases of 2016 (litigation) Corporate counsel’s guide to the key cases of 2016 (arbitration) Singapore targets effi ciency in investment arbitration proceedings Does the MasterCard class action mark the dawn of a new era in UK litigation?

    Filed under:
    European Union, Global, Hong Kong, Singapore, United Kingdom, Arbitration & ADR, Banking, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, Trade & Customs, White Collar Crime, CMS Cameron McKenna Nabarro Olswang LLP, HM Revenue and Customs (UK), Court of Appeal of England & Wales
    Location:
    European Union, Global, Hong Kong, Singapore, United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Financial Restructuring - Status Amid the Pandemic
    2021-02-15

    In response to the economic crisis caused by the COVID-19 pandemic, lawmakers very quickly started working on improving the legal framework to enhance existing and develop new restructuring instruments. Contrary to expectations, not that many restructurings actually took place in 2020, likely because of support made available to businesses.

    Filed under:
    Ukraine, Banking, Insolvency & Restructuring, Tax, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus
    Authors:
    Ihor Olekhov
    Location:
    Ukraine
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Enforcing Security over Real Estate and Shares across Europe
    2016-10-19

    September 2016 CMS_LawTax_Negative_28-100.eps Enforcing Security over Real Estate and Shares across Europe 2 | Enforcing Security over Real Estate and Shares across Europe 3 Introduction 4 Albania 5 Austria 6 Belgium 7 Bulgaria 8 Czech Republic 9 England and Wales 10 France 11 Germany 12 Hungary 13 Italy 14 Luxembourg 15 Montenegro 16 Netherlands 17 Poland 18 Portugal 19 Romania 20 Russia 21 Scotland 22 Serbia 23 Slovakia 24 Slovenia 25 Spain 26 Turkey 27 Ukraine 28 Contacts Contents 19 practice and sector groups working across offices Ranked 2nd most global law firm in the Am Law 2015 Glob

    Filed under:
    Austria, Belgium, Bulgaria, Czech Republic, France, Germany, Hungary, Italy, Luxembourg, Netherlands, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Spain, Turkey, Ukraine, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Real Estate, CMS Cameron McKenna Nabarro Olswang LLP
    Location:
    Albania, Austria, Belgium, Bulgaria, Czech Republic, France, Germany, Hungary, Italy, Luxembourg, Montenegro, Netherlands, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Turkey, Ukraine, United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    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
    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
    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
    Update: Law on the financial restructuring adopted
    2016-06-22

    Draft Law No. 3555 “On Financial Restructuring” (the “Restructuring Law”) aimed at creating effective mechanisms for voluntary financial restructuring of Ukrainian companies’ debts (the “Voluntary Restructuring”). The Restructuring Law is adopted as a temporary measure and will be in effect for three years. The Government expects that the Restructuring Law will result in reducing the amount of bad loans and restoring bank lending.

    The main novelties of the Restructuring Law are as follows:

    Filed under:
    Ukraine, Banking, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Debtor
    Authors:
    Kateryna Chechulina
    Location:
    Ukraine
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Gunel Bakhshiyeva (in her capacity as the Foreign Representative of The OJSC International Bank Of Azerbaijan) v Sberbank Of Russia & 6 Ors [2018] EWHC 59 (Ch)
    2018-01-31

    The High Court held that a moratorium in relation to restructuring proceedings in Azerbaijan could not be extended in breach of the Gibbs rule, allowing two significant creditors to proceed with their claims in the English Courts.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Ashfords LLP, High Court of Justice
    Authors:
    Olivia Bridger
    Location:
    United Kingdom
    Firm:
    Ashfords LLP

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