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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
    When will an informal source of funds be sufficient to prove a company’s solvency?
    2014-06-13

    In the recent decision of First Strategic Development Corporation Limited (in liq) and Anor v Chan and Ors [2014] QSC 60, the Supreme Court of Queensland considered the solvency of a company with no assets or formalised line of credit, but with a director who claimed to be willing to fund the $2.5 million that the company had committed to spending.

    FACTS

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Board of directors, Queensland Supreme Court
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Michael Kimmins
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 8 May 2020: Court finds plenty of rough among the conduct of Merlin Diamonds
    2020-05-08

    This week’s TGIF considers the Federal Court’s decision in Australian Securities and Investments Commission v Merlin Diamonds Limited (No 3)[2020] FCA 411, in which, consequent on finding a number of contraventions of the Corporations Act 2001 (Cth), the Court ordered the winding up of that company.

    Background

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Board of directors, Australian Securities Exchange, Federal Court of Australia
    Authors:
    Cameron Cheetham , Craig Ensor , Felicity Healy , Kirsty Sutherland , Matthew Critchley , Michael Catchpoole , Michael Kimmins , Michelle Dean , Sam Delaney , James Lucek-Rowley , Mark Wilks
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Solvency issues in the face of COVID-19
    2020-03-25

    COVID-19 presents the greatest challenge a generation of corporate managers will see in their lifetime.

    This is not the first time the Australian economy has stared down the barrel of a severe economic downturn, but it is the first time the economic conditions that previously underlined robust business models have evaporated overnight due to a public health crisis.

    Filed under:
    Australia, Capital Markets, Company & Commercial, Insolvency & Restructuring, Corrs Chambers Westgarth, Board of directors, Directors' duties, Coronavirus, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth

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