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    ASIC's consultation on clarifying director's duties to prevent insolvent trading
    2023-11-09

    On 14 September 2023, the Australian Securities and Investments Commission (ASIC) released Consultation Paper 372 "Guidance on insolvent trading safe harbour provisions: Update to RG 217".

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Clayton Utz, Board of directors, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Authors:
    Liz Humphry , Tashreen Tourabaly
    Location:
    Australia
    Firm:
    Clayton Utz
    Board Observers - spectators or participants - help or hindrance?
    2023-03-30

    With increased distress in the mid-market we may well see lenders using different tools to keep a closer eye on a company’s financial performance. One of those tools is to appoint a board observer.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Mayer Brown, Corporate governance, Board of directors
    Authors:
    Stuart Brinkworth
    Location:
    USA
    Firm:
    Mayer Brown
    Aktienrechtsrevision - ausgewählte (sanierungs-)themen in der praxis
    2023-02-23

    Die Aktienrechtsrevision brachte per 1. Januar 2023 auch verschiedene Neuerungen im Sanierungsrecht mit sich. Das Sanierungsrecht wurde dabei in gewissen Teilen präzisiert und neue Handlungspflichten wurden für den Verwaltungsrat eingeführt. 

    Filed under:
    Switzerland, Company & Commercial, Insolvency & Restructuring, Wenger Vieli Ltd, Board of directors
    Authors:
    Daniel P. Oehri , Waibel Alessa
    Location:
    Switzerland
    Firm:
    Wenger Vieli Ltd
    Company in liquidation to sue its liquidators as court grants leave to bring derivative action
    2022-10-30

    The Court’s decision in Barokes Pty Ltd (in liq) [2022] VSC 642 is important because, for the first time in Australia, a Court has granted a creditor leave to bring a derivative action in the name of a company in liquidation against its liquidators. This case opens another significant gateway for creditors to seek redress for their losses.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Shareholder, Board of directors, Dispute resolution, Liquidation, Insolvency, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Do directors owe any duty to creditors (and when does the duty arise)? Key takeaways from recent UK Supreme Court decision in BTI 2014 LLC v Sequana SA and others [2022] UKSC 2
    2022-10-06

    In this Article, José-Antonio Maurellet SC (a member of DVC and an Associate Member of 3 Verulam Buildings) and Michael Lok discuss the landmark decision just handed down by the Supreme Court of the United Kingdom in BTI 2014 LLC v Sequana SA and others 

    Filed under:
    Hong Kong, United Kingdom, Insolvency & Restructuring, Litigation, Des Voeux Chambers, Board of directors, Insolvency, UK Supreme Court
    Authors:
    José-Antonio Maurellet SC , Michael Lok
    Location:
    Hong Kong, United Kingdom
    Firm:
    Des Voeux Chambers
    No protection for a “passive” director
    2022-09-20

    The director of an insolvent company appealed a restriction order made against him. The order prevented the appellant from acting as a company director or secretary for a 5-year period under section 819 of the Companies Act 2014 (the “2014 Act”). The Court of Appeal dismissed the appeal as the appellant failed to satisfy the court that he acted responsibly in the conduct of the company’s affairs.

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, McCann FitzGerald LLP, Board of directors, Insolvency, Companies Act 2014 (Ireland)
    Authors:
    Michael Murphy , Lisa Smyth , David O'Dea
    Location:
    Ireland
    Firm:
    McCann FitzGerald LLP
    Two-tier board structure: liability of directors in case of bankruptcy
    2022-04-26

    1 GOVERNANCE STRUCTURE

    Filed under:
    Belgium, Company & Commercial, Insolvency & Restructuring, Lydian, Board of directors
    Authors:
    Peter De Ryck , Maxine Daems
    Location:
    Belgium
    Firm:
    Lydian
    High Court clarifies the scope of public examinations and extends the range of ‘eligible applicants’
    2022-02-17

    In Walton v ACN 004 410 833 Limited (formerly Arrium Limited) (in liquidation) [2022] HCA 3, the High Court extended the purpose for which, and incidentally parties by whom, public examinations may be used.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Public company, Board of directors, Dispute resolution, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Nothing Lasts Forever - New Israeli Supreme Court Ruling Expected to Reduce Legal Protection Granted to Managers and Board Members in Israel
    2022-02-13

    After a lawsuit filed by liquidators of a company that collapsed against the company’s former officers, directors, and independent auditors was dismissed in limine, a new Israeli Supreme Court ruling overturned that decision and allowed the liquidators to move forward with the lawsuit, alleging that lack of oversight was what led to the company’s collapse.

    Filed under:
    Israel, Company & Commercial, Insolvency & Restructuring, Litigation, Barnea Jaffa Lande, Board of directors, Electric vehicle, Liquidation, Coronavirus
    Authors:
    Eyal Nachshon
    Location:
    Israel
    Firm:
    Barnea Jaffa Lande
    Dubai courts: A stark warning for directors of companies in liquidation
    2021-10-18

    On 10 October, the Dubai Court of First Instance issued a potentially ground-breaking judgment in respect of directors’ liability in the context of corporate insolvency.

    In particular, in the matter of the liquidation of the public company Marka PJSC (“Marka”), the Court held the company’s board of directors and managers personally and jointly liable for the company’s outstanding debts, totalling close to AED 450 million.

    Filed under:
    United Arab Emirates, Company & Commercial, Insolvency & Restructuring, Litigation, Bird & Bird LLP, Public company, Bankruptcy, Board of directors, Liquidation, Corporate liability, Directors' duties, Dubai International Financial Centre, Abu Dhabi Global Market, Companies Act
    Authors:
    Lucas Pitts , Yannick Hefti , Kimia Kalantarian , Rana Sebaly
    Location:
    United Arab Emirates
    Firm:
    Bird & Bird LLP

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