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    Dutch law share pledge enforcement: update following recent case law
    2021-01-14

    Following the entering into force of the Dutch Scheme on 1 January this year, allowing for court confirmation of private restructuring plans, the Dutch legal toolbox for national and international restructurings has become even more diverse. This development forms part of a broader trend in the Dutch legal framework to facilitate effective restructurings of businesses, in which context one of the key techniques is the enforcement of share security, including through credit bidding.

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Due diligence
    Location:
    Netherlands
    Firm:
    Freshfields Bruckhaus Deringer LLP
    COVID-19 concerns for borrowers and lenders: 11 points to keep top of mind for US financings
    2020-03-23

    The COVID-19 pandemic has wreaked havoc on the global economy. The equity markets, the travel and tourism industry, and retail establishments of all stripes have been hit hard. In addition to manufacturing, shipping, and other operational and supply chain disruptions, companies will need to address their borrowing requirements. Likewise, lenders, bondholders and alternative capital providers will need to consider what their rights and obligations are under their financing documents.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Coronavirus
    Authors:
    Kyle Lakin , Madlyn Gleich Primoff
    Location:
    USA
    Firm:
    Freshfields Bruckhaus Deringer LLP
    COVID-19: Impact on existing financings in Austria
    2020-03-20

    The coronavirus (COVID-19) outbreak has widespread and significant implications for the financing situation of companies. Mandatory emergency measures, such as closure orders, have cut off entire sectors from revenue and cash flows with severe consequences for corporate liquidity. In addition, deteriorating market conditions are putting additional pressure on companies and their ability to service their debt.

    Filed under:
    Austria, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Coronavirus
    Location:
    Austria
    Firm:
    Freshfields Bruckhaus Deringer LLP
    The EU restructuring directive: So nearly there!
    2019-04-12

    On 28 March 2019 the European Parliament adopted a Directive on insolvency, restructuring and second chance (the Directive). This project has had a long tail, following a Commission Recommendation issued in 2014 and, after that had no impact, a draft Directive in November 2016. This draft Directive is now about come to fruition. It has three main aims

    1. to ensure that member states have a preventive restructuring framework – which includes a restructuring plan;

    Filed under:
    European Union, USA, Banking, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, European Parliament
    Authors:
    Katharina Crinson
    Location:
    European Union, USA
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Don’t fear the repos
    2018-07-31

    In an important new English Court of Appeal judgment in LBI EHF v Raiffeisen Bank International AG [2018] EWCA Civ 719 (11 April 2018), Lord Justice Flaux approved and expanded the earlier High Court judgment of Mr Justice Knowles CBE in LBI EHF (in winding up) v Raiffeisen Zentralbank Osterreich [2017] EWHC 522 (Comm) (20 March 2017) on the correct meaning and treatment of t

    Filed under:
    United Kingdom, Banking, Derivatives, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Bankruptcy of Lehman Brothers, Court of Appeal (England and Wales)
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Welcome to Germany - How we can support financial institutions newly establishing in Germany
    2017-08-08

    Introduction The number of financial institutions that have announced the relocation of their EU headquarters from the UK to Germany has increased during the last weeks. In the meantime, some of the largest US and Asian institutions have confirmed their plans to expand their operations in Germany, and we expect others to follow soon. How can we assist? This briefing shall provide you with an overview of a number of issues that may be of interest for your decision to expand your operations in Germany.

    Filed under:
    European Union, Germany, United Kingdom, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Public, Freshfields Bruckhaus Deringer LLP, Brexit, EEA, Federal Financial Supervisory Authority
    Location:
    European Union, Germany, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    New Italian measures aimed at supporting businesses and accelerating credit recovery procedures - Law Decree 59/2016 dated 3 May 2016
    2016-05-10

    A law decree providing for urgent measures on guarantees, foreclosure and insolvency proceedings and aiming at restoring damages suffered by investors of banks under liquidation, was published on the Italian Official Gazette n. 59 on 3 May 2016 (the Decree). The Decree must be converted into law by the Italian Parliament by 2 July 2016 (i.e. within 60 days from the date of its publication) to become fully effective.

    “Pegno mobiliare non possessorio”, an Italian floating security interest

    Filed under:
    Italy, Banking, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Bankruptcy, Debtor, Foreclosure, Liquidation, Default (finance)
    Location:
    Italy
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Subordination of certain unsecured debt Instruments in Germany under the Resolution Mechanism Act
    2015-12-03

    Overview

    In November 2015, the German legislator passed the Resolution Mechanism Act (Abwicklungsmechanismusgesetz, AbwMechG). The law introduces, among other things, Section 46f (5) et seqq. of the German Banking Act (Kreditwesengesetz, KWG), which requires that claims under certain unsecured debt instruments be subordinated to general senior unsecured obligations in an insolvency proceeding involving a German bank.

    Filed under:
    Germany, Banking, Capital Markets, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Unsecured debt
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Recovery and resolution planning: Hong Kong update and briefing note
    2015-11-20

    Freshfields Bruckhaus Deringer Recovery and resolution planning October 2015 1 The Financial Services and the Treasury Bureau of the Hong Kong Government (FSTB) in conjunction with the Hong Kong Monetary Authority (HKMA), the Securities and Futures Commission (SFC), and the Insurance Authority (IA)1 on 9 October 2015 published a paper entitled An Effective Resolution Regime for Financial Institutions in Hong Kong: Consultation Response and Certain Further Issues (CP3).2 Background Following from the recent global financial crisis, the G20 tasked the Financial Stability Board (FSB) with

    Filed under:
    Hong Kong, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Freshfields Bruckhaus Deringer LLP, Securities and Futures Commission (Hong Kong), Hong Kong Monetary Authority
    Location:
    Hong Kong
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Indochina notes: legal updates on investment, infrastructure and finance, October 2014
    2014-10-14

    Investment

    Direct statements

    Filed under:
    Vietnam, Banking, Capital Markets, Construction, Corporate Finance/M&A, Insolvency & Restructuring, Insurance, Projects & Procurement, Freshfields Bruckhaus Deringer LLP
    Location:
    Vietnam
    Firm:
    Freshfields Bruckhaus Deringer LLP

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