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    Key aspects of shadow directors: Buzzle v Apple computer
    2011-07-01

    We reported on the first instance decision in this litigation last year (see here).  The New South Wales Court of Appeal recently delivered judgment on the liquidators' appeal.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Board of directors, Liquidator (law), Court of Appeal of England & Wales
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    363 Preparedness: Practical Sell-Side Tips
    2020-03-26

    The economic impact of the COVID-19 coronavirus remains uncertain, but many are preparing for an up-tick in bankruptcies and, in particular, 363 transactions – sales of assets pursuant to Section 363 of the US Bankruptcy Code. Here are some practical steps that can help you prepare for your own 363 process and finding your stalking horse.

    Filed under:
    USA, Insolvency & Restructuring, Mayer Brown, Board of directors, Due diligence, Coronavirus, Title 11 of the US Code
    Authors:
    Thomas S. Kiriakos , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    Upcoming action with respect to the Orderly Liquidation Authority under the Dodd-Frank Act
    2011-01-14

    The Federal Deposit Insurance Corporation (FDIC) has announced that the agenda for its board meeting next Tuesday, January 18, 2011, will include discussion regarding a “Final Rule Implementing Certain Orderly Liquidation Authority Provisions of the Dodd-Frank Act.”

    Filed under:
    USA, Banking, Insolvency & Restructuring, Mayer Brown, Consumer protection, Collateral (finance), Fraud, Board of directors, Personal property, Federal Reserve Board, Liquidation, Depository institution, Bank holding company, Bankruptcy of Lehman Brothers, Secured loan, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Federal Deposit Insurance Corporation (USA), Lehman Brothers, US Secretary of the Treasury
    Authors:
    Jeffrey P. Taft
    Location:
    USA
    Firm:
    Mayer Brown
    German insolvency law is geared towards liquidation of the debtor – insolvency plan procedures are only applied in exceptional cases
    2010-05-31

    German Insolvency Law

    Filed under:
    Germany, Insolvency & Restructuring, Mayer Brown, Legal personality, Shareholder, Debtor, Board of directors, Market liquidity, Limited liability company, Debt, Liability (financial accounting), Liquidation, Balance sheet, Joint-stock company, Pro rata
    Authors:
    Dr. Marco Wilhelm , Kevin Philipp Lach , Dr. Nicolas Rößler, LL.M.
    Location:
    Germany
    Firm:
    Mayer Brown
    Hong Kong: Hong Kong’s amended winding-up legislation enhances protection for creditors
    2017-01-24

    The Secretary for Financial Services and the Treasury recently announced that the Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance (the “Amendment Ordinance”) will come into operation on 13 February 2017. The Amendment Ordinance introduces a more efficient administration of the winding-up process and streamlines the procedures in line with international developments. The new legislation also aims to further protect creditors against asset depletion of insolvent companies.

    Our alert discusses these developments.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Baker McKenzie, Shareholder, Board of directors, Liquidation
    Location:
    Hong Kong
    Firm:
    Baker McKenzie
    Hong Kong: Novel coronavirus outbreak - New business disruptions to Hong Kong industries
    2020-03-05

    On 30 January 2020, the World Health Organization declared that the coronavirus outbreak constituted a public health emergency of international concern. The PRC and Hong Kong have been at the forefront of the coronavirus outbreak.

    Filed under:
    Hong Kong, Company & Commercial, Healthcare & Life Sciences, Insolvency & Restructuring, Baker McKenzie, Corporate governance, Board of directors, Coronavirus
    Authors:
    Kwun-Yee Cheung
    Location:
    Hong Kong
    Firm:
    Baker McKenzie
    Novel coronavirus outbreak - New business disruptions to Hong Kong industries
    2020-02-28

    On 30 January 2020, the World Health Organization declared that the coronavirus outbreak constituted a public health emergency of international concern. The PRC and Hong Kong have been at the forefront of the coronavirus outbreak.

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Baker McKenzie, Corporate governance, Board of directors
    Authors:
    Kwun-Yee Cheung
    Location:
    Hong Kong
    Firm:
    Baker McKenzie
    Coronavirus, business insolvency issues and safe harbour protections
    2020-03-06

    During the second half of 2019, it was generally accepted that the US/China trade war was the most likely macroeconomic event that would precipitate a global slowdown. Even then, given the enormous amount of ‘dry powder’ capital that was available in the market, the downturn, if any, was expected to be mild.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Corrs Chambers Westgarth, Safe harbor (law), Board of directors, Coronavirus, Corporations Act 2001 (Australia)
    Authors:
    Cameron Cheetham
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    COVID-19, business insolvency issues and safe harbour protections
    2020-03-06

    During the second half of 2019, it was generally accepted that the US/China trade war was the most likely macroeconomic event that would precipitate a global slowdown. Even then, given the enormous amount of ‘dry powder’ capital that was available in the market, the downturn, if any, was expected to be mild.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Corrs Chambers Westgarth, Safe harbor (law), Board of directors, Coronavirus, Corporations Act 2001 (Australia)
    Authors:
    Cameron Cheetham
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Left in the dark - Seeking to appoint a voluntary administrator when Board relations crumble
    2018-04-06

    This week’s TGIF considers the case ofIn the matter of Bean and Sprout Pty Ltd [2018] NSWSC 351, an application seeking a declaration as to the validity of the appointment of a voluntary administrator.

    What happened?

    On 7 December 2018, Mr Kong Yao Chin (Chin) was purportedly appointed as the voluntary administrator of Bean and Sprout Pty Ltd (Company) by a resolution of the Company.

    Filed under:
    Australia, New South Wales, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Board of directors, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    Cameron Cheetham , Craig Ensor , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Michael Catchpoole , Sam Delaney , Estelle Blewett , Michelle Dean , David Abernethy
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth

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