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    In the matter of Centurion Management Services Limited [2009] JRC 227
    2010-03-05

    Winding up a Jersey trust company on just and equitable grounds

    Filed under:
    Jersey, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Bedell Cristin, Fiduciary, Board of directors, Option (finance), Liquidation, Economic development, Balance sheet, Cashflow, Liquidator (law)
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Court practice in Latvia in board liability cases - developing, but still unstable
    2015-11-26

    We have recently prepared a study on court practice in Latvia in board liability cases. A short summary of our main findings appears below.

    Filed under:
    Latvia, Company & Commercial, Insolvency & Restructuring, Litigation, SORAINEN, Shareholder, Board of directors
    Location:
    Latvia
    Firm:
    SORAINEN
    Court judgments in relation to civil liability of CEOs: case law overview
    2017-06-09

    In practice there a numerous uncertainties in relation to civil liability of management bodies of companies, scope of such liability, and related matters. On 4 April 2017, considering the current situation, the Supreme Court of the Republic of Lithuania (the Supreme Court or SC) published the first overview of case law in relation to application of the norms of civil law regulating civil liability of management bodies of companies in the case law of the Supreme Court.

    Filed under:
    Lithuania, Company & Commercial, Insolvency & Restructuring, Litigation, Glimstedt, Board of directors, Chief executive officer, Court of Cassation (France)
    Authors:
    Aušra Maliauskaite-Embrekte , Laura Tunkeviciutes
    Location:
    Lithuania
    Firm:
    Glimstedt
    Wrongful trading - Lithuania
    2020-04-15

    Generally speaking, wrongful trading is the special form of liability where a director of a company is liable for damages towards the creditors for the mismanagement of an insolvent company.

    A special feature of the institution of wrongful trading is, that it may give rise not only to the liability of the director of the company but also to the liability of the director, management, employee of the parent company or even of the grandparent company (so called shadow director).

    Filed under:
    Lithuania, Insolvency & Restructuring, Litigation, SORAINEN, Board of directors
    Authors:
    Kazimieras Karpickis , Greta Kubiliūnaitė
    Location:
    Lithuania
    Firm:
    SORAINEN
    Solvent voluntary liquidation: A practical maltese guide
    2020-03-10

    There are various winding up procedures to which a Maltese-registered company may be subjected in terms of Maltese law. Amongst the said modes of action is what is known as the members’ voluntary winding up. This refers to the solvent voluntary liquidation of a company and specifically necessitates that the company in questionwill be able to pay off its debts in full within a period not exceeding12 months from the proposed date of dissolution.

    General

    Filed under:
    Malta, Company & Commercial, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, TerraLex Inc, Board of directors, Liquidation
    Location:
    Malta
    Firm:
    TerraLex Inc
    Malaysia’s New Insolvency Regime
    2016-07-05

    Earlier this year, both the lower and upper houses of Malaysia’s parliament, passed the Companies Bill 2015 (“theBill”) which will harmonise Malaysia's insolvency laws and bring them more in line with modern international standards. Once the Bill comes into effect (it is currently awaiting Royal Assent), it will replace Malaysia’s existing Companies Act 1965.

    Filed under:
    Malaysia, Company & Commercial, Insolvency & Restructuring, Litigation, K&L Gates LLP, Shareholder, Landlord, Board of directors, Liquidation, Moratorium, Secured creditor, Debt restructuring
    Authors:
    Jason Opperman , Nick Williams
    Location:
    Malaysia
    Firm:
    K&L Gates LLP
    Navigating Dutch Legal Information During the COVID-19 Pandemic
    2020-04-02

    Both the COVID-19 pandemic and the measures taken by governments have led to unprecedented legal questions that require immediate attention and solutions. These are challenging times. We have therefore prepared the following overview of some of the pertinent legal questions and the answers to consider, in the hope they provide useful preliminary guidance.

    Topic

    Main issues in relation to the risk of director liability

    Question

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Public, Greenberg Traurig LLP, Board of directors, Force majeure, Coronavirus, LinkedIn
    Authors:
    Marijn Bodelier , Jan Kees Brandse , Allard Huizing , Cees van Oevelen , Sabine Schoute , Reinier van de Steenoven , Thomas Timmermans , Bas Vletter , Thomas van der Vliet , Jasper van Gameren
    Location:
    Netherlands
    Firm:
    Greenberg Traurig LLP
    Employment and Pension Law Update 2019: The Netherlands
    2019-10-18

    EMPLOYMENT (news)

    Diversity in boards of larger companies

    Targets (i.e., at least 30% women) imposed by Dutch law for a more balanced composition of the executive and supervisory boards of ‘large’ companies shall cease to exist as of 2020. A ‘large’ company is a company that meets two of the following requirements: (i) EUR 20 mio balance sheet total; (ii) net turnover of EUR 40 mio; and (iii) 250 employees. This does not, however, mean that diversity is no longer on the agenda of the Dutch Government.

    Filed under:
    Netherlands, Employee Benefits & Pensions, Insolvency & Restructuring, Greenberg Traurig LLP, Board of directors, GDPR
    Authors:
    Thomas Timmermans
    Location:
    Netherlands
    Firm:
    Greenberg Traurig LLP
    Four important new laws applicable to businesses and directors to enter into effect on 1 July
    2016-06-30

    On 1 July 2016 four important new laws applicable to businesses and directors will enter into effect.

    Filed under:
    Netherlands, Company & Commercial, Employment & Labor, Insolvency & Restructuring, White Collar Crime, NautaDutilh, Whistleblower, Bankruptcy, Legal personality, Independent contractor, Fraud, Board of directors, Employment contract, Misconduct, Government agency, Tax return (USA), Gross negligence, Chief executive officer
    Authors:
    Geert Raaijmakers , Suzanne Rutten
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Supreme Court allows dilution of majority stake in inter access inquiry proceedings
    2011-06-01

    In the corporate inquiry (enquête) procedure of Inter Access the Supreme Court recently confirmed a decision by the Enterprise Chamber where immediate measures were ordered which led to the dilution of a majority shareholder's stake. The managing board of the company was allowed to issue shares without a resolution of the AGM.

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, De Brauw Blackstone Westbroek, Share (finance), Shareholder, Board of directors, Mandatory sentencing, Annual general meeting, Supreme Court of the United States
    Authors:
    Harm-Jan de Kluiver
    Location:
    Netherlands
    Firm:
    De Brauw Blackstone Westbroek

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