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    New regime respecting the appropriation of the assets / rights pledged through a commercial pledge
    2017-08-02

    With the aim of pursuing its objectives of re-launching the Portuguese economy and creating employment by reducing the high level of corporate indebtedness and improving conditions for investment, in particular by eliminating or mitigating the constraints currently faced by companies in the access to the financing (own or before third parties), Portuguese Government established a new regime respecting the appropriation of the assets / rights pledged through a commercial pledge – Decree-Law 75/2017, dated June 26, an in force since July 1, 2017.

    Filed under:
    Portugal, Banking, Insolvency & Restructuring, Baker McKenzie
    Location:
    Portugal
    Firm:
    Baker McKenzie
    Belgium: Borrowing base lending under the Belgian Security over Movables Act
    2017-05-03

    The Belgian Act of 11 July 2013 on security over movables (the “Security over Movables Act”) will modernise Belgium’s legislation in respect of security over movables. Most notably, the Security over Movables Act is expected to have a particularly beneficial effect on borrowing base/asset-based lending in Belgium.

    Under the current legislation, the creation of a possessory pledge (vuistpand/gage avec dépossession) is subject to various restrictions. For example:

    Filed under:
    Belgium, Asset Finance, Banking, Insolvency & Restructuring, Baker McKenzie
    Authors:
    Eric Blomme
    Location:
    Belgium
    Firm:
    Baker McKenzie
    Doing Business in Russia - 2017
    2017-04-24

    DBI 2017 - A5 With Bleed.indd 3 20.02.2017 8:22:56 Doing Business in Russia 2017 Baker & McKenzie - CIS, Limited Moscow Office White Gardens, 10th Floor 9 Lesnaya Street Moscow 125047, Russia Telephone: +7 495 787 27 00 Fax: +7 495 787 27 01 [email protected] St. Petersburg Office BolloevCenter, 2nd Floor 4A Grivtsova Lane St.

    Filed under:
    Russia, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Derivatives, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, Intellectual Property, Internet & Social Media, IT & Data Protection, Public, Real Estate, Tax, Telecoms, Trade & Customs, White Collar Crime, Baker McKenzie, Foreign direct investment
    Location:
    Russia
    Firm:
    Baker McKenzie
    Conducting Business in Ukraine 2017
    2017-04-19

    Conducting Business in Ukraine 2017 All of the information included in this document is for informational purposes only, and may not reflect the most current legal developments, judgments, or settlements. This information is not offered as legal or any other advice on any particular matter.

    Filed under:
    Ukraine, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Environment & Climate Change, Insolvency & Restructuring, Intellectual Property, Real Estate, Tax, White Collar Crime, Baker McKenzie
    Location:
    Ukraine
    Firm:
    Baker McKenzie
    New Rules for Banks Experiencing Financial Difficulties
    2017-04-18

    On 7 April 2017, the President of the Republic of Azerbaijan signed a decree (the Decree) approving significant amendments to the Law On Banks dated 16 January 2004 (the Amendments) and relating to local banks experiencing financial difficulties.

    Financial Rehabilitation

    Filed under:
    Azerbaijan, Banking, Insolvency & Restructuring, Baker McKenzie, Liquidation
    Authors:
    Altay Mustafayev , Jamil Alizada
    Location:
    Azerbaijan
    Firm:
    Baker McKenzie
    Voluntary Financial Restructuring Now Possible in Ukraine
    2017-04-04

    In 2016, the Ukrainian parliament passed the Law on Financial Restructuring (the "Financial Restructuring Law") with the aim of creating a workable procedure for voluntarily restructuring debt obligations of Ukrainian borrowers. Technically, the Financial Restructuring Law became effective on 19 October 2016 but did not become operational because the required bodies envisaged in the Financial Restructuring Law were not in place.

    Filed under:
    Ukraine, Banking, Insolvency & Restructuring, Baker McKenzie, Debt restructuring
    Authors:
    Ihor Olekhov
    Location:
    Ukraine
    Firm:
    Baker McKenzie
    Current Considerations When Restructuring European Private Credit Investments
    2021-03-30

    This article discusses considerations for credit funds that face a restructuring situation in the post-COVID-19 world — whether one largely caused by the challenges posed by the pandemic or one simply accelerated by such challenges — and how workouts of these investments present their own challenges.

    Filed under:
    European Union, Banking, Company & Commercial, Insolvency & Restructuring, Baker McKenzie, Coronavirus
    Location:
    European Union
    Firm:
    Baker McKenzie
    Bank allowed to allege fraud in second ‘Kick at the Can’
    2019-03-29

    When a plaintiff obtains a judgment from the court, that party is normally precluded from starting another lawsuit seeking the same judgment debt from the defendant.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Ben Sakamoto , Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie
    Beyond COVID-19 PE Playbook
    2020-06-01

    Distressed M&A

    Any downturn tends to produce a surge of distressed m&A opportunities, and the current crisis will be no different. Investments in distressed companies follow a different set of rules to "normal" m&A transactions, bringing additional complexity in terms of the stakeholders involved and deal structuring, as well as particular set of challenges for due diligence and buyer protections.

     

    Filed under:
    United Kingdom, Banking, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Baker McKenzie, Due diligence, Coronavirus
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    New Opportunity for Consumer Loan Restructuring
    2019-02-19

    Recent Development

    The Banking Regulation and Supervision Agency added a provisional article on consumer loan restructuring to the Regulation on Banks' Loan Transactions and the Regulation on Establishment and Activities of Financial Leasing, Factoring and Financing Companies. Pursuant to the provisional article, consumer loans whose principal and/or interest payments became overdue before February 10, 2019 can be restructured to a maximum of sixty months at the borrower's request.

    Filed under:
    Turkey, Banking, Insolvency & Restructuring, Baker McKenzie
    Authors:
    Muhsin Keskin
    Location:
    Turkey
    Firm:
    Baker McKenzie

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