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    Things to take into account as a secured creditor when dealing with a company in financial distress
    2009-05-20

    In cross border financing transactions, a secured creditor should be aware of Dutch law specifics when dealing with a Dutch obligor in financial distress. Below is a highlighted list of specifics for a secured creditor planning to foreclose on its security or when seeking to improve its security position.

    Improving security position

    Existing Dutch security documents typically provide for possibilities for improving the position of a secured creditor in case of an event of default.

    Getting a tighter grip on collateral

    Filed under:
    Netherlands, Insolvency & Restructuring, NautaDutilh, Share (finance), Bankruptcy, Legal personality, Shareholder, Debtor, Collateral (finance), Dividends, Accounts receivable, Board of directors, Debt, Foreclosure, Default (finance), Secured creditor, Articles of association, Annual general meeting, Internal Revenue Code (USA)
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Standardised CDM modalities of communication
    2009-03-31

    On 13 February 2009, the CDM Executive Board (CDM EB) adopted the procedures (the "Procedures") for modalities of communication (MoC) between project participants (PPs) in clean development mechanism (CDM) projects and the CDM EB, and a standardised MoC form (the "MoC Form").1 This Legal Alert gives an overview of the main elements of the Procedures and highlights certain insolvency issues related to the MoC.

    Introduction

    Filed under:
    Netherlands, Insolvency & Restructuring, De Brauw Blackstone Westbroek, Public consultations, Board of directors, Emissions trading, Air pollution, Due diligence, Electronic signature, Clean Development Mechanism, US Department of Energy, United Nations Framework Convention on Climate Change
    Authors:
    Niek Biegman , Rutger de Witt Wijnen , Sander Simonetti , Sandra Ruiz de la Fuente , Viviana Luján Gallegos
    Location:
    Netherlands
    Firm:
    De Brauw Blackstone Westbroek
    High Court provides guidance on voluntary administration and creditors’ meetings under COVID-19 Alert Level 4
    2020-04-03

    A recent decision of the High Court of New Zealand provides helpful guidance for insolvency practitioners on how aspects of the voluntary administration regime should operate in the context of the COVID-19 pandemic.

    On 30 March 2020, the board of directors of EncoreFX (NZ) Limited resolved to appoint administrators to the company. By then, New Zealand was already at Level 4 on the four-level alert system for COVID-19.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Board of directors, Coronavirus
    Authors:
    Peter Niven , David Broadmore , David Perry , Jan Etwell , Kelly Paterson , Scott Abel , Scott Barker , Willie Palmer , Susan Rowe , Myles O'Brien , Bridie McKinnon , Matthew Triggs , Oliver Gascoigne , Luke Sizer , Annie Cao
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Directors' remuneration post-insolvency
    2016-06-02

    ​Directors do not need to consider creditors’ interests when determining the fairness of their own remuneration, even after the company has become insolvent, the Court of Appeal has found.

    The facts

    The Companies Act 1993 requires that directors who vote to authorise director remuneration must sign a certificate stating that, in their opinion, the payment is fair to the company and setting out the grounds for that opinion.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Chapman Tripp, Shareholder, Board of directors, Liquidation, Court of Appeal of England & Wales
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    Directors' Duties in Times of COVID-19
    2020-03-31

    What do I need to know as the member of a Swiss board of directors in times of the coronavirus?

    The spread of the coronavirus (SARS-CoV-2) is causing turnovers to crash and is plunging the Swiss economy into an unprecedented crisis. If the board of directors fails to respond to this crisis, its members risk becoming liable.

    Here you will find the answers to the six most important questions regarding a Swiss board member's duties in the wake of the corona crisis:

    Filed under:
    Switzerland, Company & Commercial, Insolvency & Restructuring, VISCHER AG, Board of directors, Coronavirus
    Authors:
    Benedict F. Christ
    Location:
    Switzerland
    Firm:
    VISCHER AG
    COVID-19: Additional governmental measures and adjustments to insolvency law to further ease the financial impact on companies
    2020-04-03

    Key takeaways:

    Filed under:
    Switzerland, Company & Commercial, Insolvency & Restructuring, Pestalozzi Attorneys at Law, Board of directors, Coronavirus
    Authors:
    Thomas Rohner , Alain Muster
    Location:
    Switzerland
    Firm:
    Pestalozzi Attorneys at Law
    Debt Enforcement and Bankruptcy Law in the Corona Crisis: Questions and Answers
    2020-04-03

    In view of the extraordinary situation with regard to the corona pandemic, the Federal Council has ordered a temporary stay of debt enforcement. This stay of enforcement is valid from 19 March 2020 until 4 April 2020, and will be immediately followed by the statutory enforcement holidays, which last from 5 April until 19 April 2020. Below, we will answer some practical questions on debt enforcement and bankruptcy law in times of the corona crisis.

    Filed under:
    Switzerland, Insolvency & Restructuring, MLL Legal Ltd, Board of directors
    Authors:
    Urs Boller , Christian Schilly
    Location:
    Switzerland
    Firm:
    MLL Legal Ltd
    Directors’ liability in Switzerland
    2019-12-23

    As Switzerland maintains a quite strict legal regime governing the director’s liability, it is immanent for each person holding a board function to know the rules and risks as well the legal consequences in this respect. During the last couple of years Switzerland has introduced various new rules influencing the director’s liability (new transparency rules for management compensations in listed companies, a comprehensive revision of the audit legislation and new statutory rules governing financial accounting), which are mainly applicable for listed companies.

    Filed under:
    Switzerland, Company & Commercial, Insolvency & Restructuring, Bihrer Attorneys at Law, Board of directors
    Authors:
    Andreas R. Bihrer , Niklaus Kunz
    Location:
    Switzerland
    Firm:
    Bihrer Attorneys at Law
    Switzerland | Legal considerations relating to the COVID-19 outbreak
    2020-03-26

    Introductory remarks

    The coronavirus (COVID-19) is currently causing concern and uncertainty and poses challenges to companies and individuals alike. A number of legal issues are also emerging, whether in relation to contractual obligations, labour law matters or corporate law aspects. This article aims to highlight the most important points from a Swiss law perspective and to clarify legal issues in the elaboration of possible courses of action.

    1. Commercial contracts

    1.1 Force majeure

    Filed under:
    Switzerland, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Tax, Loyens & Loeff, Board of directors, Force majeure, Annual general meeting, Directors' duties, Coronavirus
    Authors:
    Marco Toni , Jana Bieli , Gilles Haudenschild , Nadja Huber
    Location:
    Switzerland
    Firm:
    Loyens & Loeff
    Liquidation of a company
    2019-07-09

    What is it all about?

    This article briefly describes the liquidation procedure of a company based on a voluntary winding up upon special resolution by its shareholders.

    What do I have to do?

    Shareholders resolution

    Filed under:
    Switzerland, Company & Commercial, Insolvency & Restructuring, MME Legal Tax Compliance, Board of directors
    Authors:
    Dr. Samuel Bussmann , Peter Kuhn , Andreas Rudolf , Dr. Luka Müller , Kuno Sutter , Dr. Alex Enzler
    Location:
    Switzerland
    Firm:
    MME Legal Tax Compliance

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