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    Czech Republic & LEX COVID & Statutory Measures in Insolvency Law
    2020-05-05

    Lockdown, shutdowns, drops in revenue and related negative impacts of the COVID-19 pandemic faced by companies even still operating and in a healthy state have prompted the Czech government to respond to this situation and implement statutory measures to mitigate such impacts (the so-called LEX COVID), also in the area of insolvency. Most of such measures are only temporary during the extraordinary measures taken by public authorities during the COVID-19 pandemic. LEX COVID, which brings the below-mentioned changes, has already been enacted and came into force on 24 April 2020.

    Filed under:
    Czech Republic, Insolvency & Restructuring, Bird & Bird LLP, Coronavirus
    Authors:
    Kristýna Opolzerová , Ivan Sagál
    Location:
    Czech Republic
    Firm:
    Bird & Bird LLP
    Directors and managers duties - in good times and in bad
    2020-05-01

    As a director or manager of a UAE company, you will know that like individuals, companies experience times of good health and occasional periods of sickness.

    In this note, we focus on you, as directors (which includes managers) of “onshore” limited liability companies (“LLCs”), noting of course that the rules may also apply to certain free zone entities as well. We want you as directors to be certain of your duties and responsibilities in the good times but also sure of the actions you should or could take if things go wrong for your company, and financial difficulties arise.

    Filed under:
    United Arab Emirates, Company & Commercial, Insolvency & Restructuring, Bird & Bird LLP, Corporate governance
    Authors:
    Johannes Eisser
    Location:
    United Arab Emirates
    Firm:
    Bird & Bird LLP
    Automotive Suppliers Facing the COVID-19 Crisis: Opportunities and Risks for Investors
    2020-04-23

    In the past few years, many automotive suppliers have been facing increasing financial or operational problems. The COVID-19 pandemic has exacerbated these problems and is putting some of these companies in considerable distress. The search for possible solutions is in full swing, and for financial investors or competitors with strong liquidity, there is the opportunity to acquire shares in the companies in crisis or alternatively in individual assets at comparatively favourable conditions.

    Filed under:
    Germany, Insolvency & Restructuring, Bird & Bird LLP, Due diligence, Coronavirus
    Authors:
    Peter Veranneman , Dr. Kai Kerger , Dr. Matthias Spilker
    Location:
    Germany
    Firm:
    Bird & Bird LLP
    COVID-19: Vorübergehende insolvenzrechtliche Privilegierungen erleichtern die Finanzierung kriselnder Unternehmen
    2020-04-23

    Als Teil des gesetzgeberischen Maßnahmenpakets zur Abmilderung der wirtschaftlichen Auswirkungen der COVID-19-Pandemie erleichtert das COVID-19-Insolvenzaussetzungsgesetz (COVInsAG) die rechtssichere Finanzierung kriselnder Unternehmen und setzt Anreize an deren Gesellschafterkreise: der Nachrang von Gesellschafterdarlehen und das Erfordernis eines Sanierungsgutachtens sind durch das COVInsAG suspendiert.

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Bird & Bird LLP, Coronavirus
    Authors:
    Dr. Michael Jünemann , Pascal Leitmann
    Location:
    Germany
    Firm:
    Bird & Bird LLP
    Economic Measures to Combat COVID-19 in Australia
    2020-04-21

    On 23 March 2020, the Australian Parliament passed the Coronavirus Economic Response Package Omnibus Act No. 22 of 2020 (the Act), which is designed to provide an economic response to the effect, on Australia, of the coronavirus pandemic sweeping the world by stimulating and supporting economic activity.

    In relation to the Australian insolvency regime the Act made some significant changes to the relevant laws as follows.

    Temporary relief for financially distressed individuals and businesses

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Bird & Bird LLP, Coronavirus
    Authors:
    Sally Barber
    Location:
    Australia
    Firm:
    Bird & Bird LLP
    Financial first aid measures adopted in Spain in response to COVID-19
    2020-04-20

    Following the declaration of the state of alarm in Spain due to the COVID-19 outbreak on March 14 2020, the Spanish Government announced the implementation of a series of extraordinary measures in the financial sector in order to address the economic impact promoted by the rapid spread of COVID-19.

    Filed under:
    Spain, Insolvency & Restructuring, Bird & Bird LLP, Coronavirus
    Authors:
    José Luis Lorente Howell
    Location:
    Spain
    Firm:
    Bird & Bird LLP
    COVID-19: International Restructuring & Insolvency update
    2020-03-25

    As the Novel coronavirus (COVID-19) pandemic continues to spread across the globe, people and businesses are facing unprecedented challenges, both immediate and strategic. Governments in various jurisdictions have announced various measures to try to alleviate the distress caused by the numerous issues that have arisen and continue to arise, particularly around cashflow and employees.

    Filed under:
    Australia, Belgium, China, Czech Republic, Denmark, Finland, France, Germany, Hungary, India, Italy, Netherlands, Poland, Singapore, Slovakia, Spain, Sweden, United Arab Emirates, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Tax, Bird & Bird LLP, Coronavirus, UK House of Commons, Securities and Exchange Board of India
    Authors:
    Joss Hargrave , Nicolas Morelli , Cedric Berckmans , John Shi , Ľubomír Brečka , Casper Moltke-Leth , Kristiina Lehvilä , Celine Nezet , Dirk Barcaba , Nipun Gupta , Matteo Meroni , Alfonso Carrillo Cano , Mattias Lindberg , René Rieter , Lucas Pitts
    Location:
    Australia, Belgium, China, Czech Republic, Denmark, Finland, France, Germany, Hungary, India, Italy, Netherlands, Poland, Singapore, Slovakia, Spain, Sweden, United Arab Emirates, United Kingdom
    Firm:
    Bird & Bird LLP
    Insolvency law in Australia: is change really needed?
    2020-03-20

    The Australian Financial Review recently published an article regarding requests to the Australian Government to impose a moratorium on the insolvent trading laws to "help businesses during the economic downturn".

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Bird & Bird LLP
    Authors:
    Sally Barber
    Location:
    Australia
    Firm:
    Bird & Bird LLP
    The Importance Of Keeping Proper Financial Books And Records
    2019-09-06

    A recent decision of Justice Rees of the Supreme Court of New South Wales confirms the importance of keeping proper financial books and records in the context of insolvency.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Bird & Bird LLP, Board of directors, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Bird & Bird LLP
    An Overview of Enforcing Foreign Judgments in Australia
    2018-07-16

    Foreign judgments may be enforced in Australia under the Foreign Judgments Act 1991 or, if that Act does not apply, pursuant to common law principles.

    Registration and enforcement pursuant to the Foreign Judgments Act 1991

    Filed under:
    Australia, Insolvency & Restructuring, Bird & Bird LLP
    Authors:
    Sophie Dawson
    Location:
    Australia
    Firm:
    Bird & Bird LLP

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