This is a summary of the principal new provisions of recently enacted insolvency legislation applicable to businesses other than banks, insurance companies, pension funds and certain other entities. This summary is not comprehensive and does not constitute legal advice. The reader should obtain separate legal advice with respect to the issues addressed herein.
On 13 November 2015, the Law of the Republic of Kazakhstan “On Introduction of Amendments and Supplements to Certain Legislative Acts of the Republic of Kazakhstan on the Issues of Rehabilitation and Bankruptcy” (the “Law”) was signed and its provisions were put into effect on 29 November 2015.
The main law governing insolvency issues in Latvia is the Insolvency Law (Maksātnespējas likums)
The types of proceedings available are as follows:
Kuwait is now considering a new law that will bring its bankruptcy and insolvency legal regime closer to Chapter 11 of Title 11 of the United States Bankruptcy Code.
The proposed Law on Bankruptcy (the “Draft Law”) is currently being reviewed by the Department of Legal Opinions & Legislation of the State of Kuwait.
Key changes proposed in the new Rehabilitation and Bankruptcy Law affect involuntary petitions for bankruptcy, invalidations, trustees' avoidance powers, debtors' dissolution, and priority of claims.
According to the current wording of the Republic of Lithuania Enterprise Bankruptcy Law, a head of an enterprise or a shareholder must file a petition with a court for the initiation of the enterprise bankruptcy proceedings in the event where the company is not able and/or shall not be able to settle with its creditors or where the company has made a public announcement or has informed the creditors that it has no intention to discharge its obligations.
The number of companies declared bankrupt in Luxembourg has increased tremendously since 2009, reaching a record number of 1,026 in 2012. According to the Luxembourg authorities, this situation is mainly due to the current legislation, which is obsolete and no longer suited to modern financial difficulties.
In 2009, the Luxembourg government decided that the creation of appropriate tools for companies in financial distress was extremely important, especially in the post-crisis period, and decided to tackle this subject.
On 9 October 2012, a bill proposal was introduced to the Luxembourg Parliament providing for a right to claim back "intangible" and non-fungible movable assets from a bankrupt company.
According to the explanatory memorandum, the bill proposal is intended to allow the recovery of data from a bankrupt provider of distance IT services or cloud computing solutions. Once passed, the law will provide greater certainty as to the consequences of the bankruptcy of a cloud computing provider on the data in its possession.
"Separable" Assets