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    Hungary temporarily suspends onerous insolvency rules
    2020-06-03

    In a bid to assist struggling companies amid the uncertainty brought on by the pandemic, Hungary issued Government Decree No. 249/2020, which amends the Bankruptcy Code and gives companies breathing space while they explore options for rescue.

    The changes created by the decree, which came into force on 29 May 2020, will be in effect only during the state of the emergency and include the following:

    Filed under:
    Hungary, Company & Commercial, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Title 11 of the US Code
    Authors:
    Erika Papp , Szabina Soptei
    Location:
    Hungary
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Slovakia approves bankruptcy moratorium
    2020-05-22

    In response to the COVID-19 pandemic, the Slovak government and Parliament have approved another measure to help entrepreneurs overcome the negative impacts of this crisis on their businesses. The bankruptcy moratorium is an opt-in model and entrepreneurs are entitled to apply for such temporary bankruptcy protection subject to certain conditions. However, before applying various legal and business consequences should be assessed.

    Who can apply?

    Filed under:
    Slovakia, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Bankruptcy, Coronavirus
    Authors:
    Zuzana Nikodemova
    Location:
    Slovakia
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Corporate Insolvency and Governance Bill 2020
    2020-05-21

    Introduction

    On 28 March 2020, the UK Government announced upcoming insolvency law reforms in response to Covid-19, intended to help companies and directors.

    On 23 April 2020, the UK Government announced further measures to protect the UK high street from aggressive rent collection by prohibiting the use of statutory demands and winding up petitions to collect rent which was unpaid due to difficulties caused by Covid-19. However, at the time, it was unclear from the announcement as to whether these prohibitions would extend beyond unpaid rent to other debts.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus, UK House of Commons
    Authors:
    Martin Brown , Glen Flannery , Siân Aitken , Julian Turner
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Corporate Insolvency and Governance Bill: Restrictions on statutory demands and winding up petitions
    2020-05-21

    Temporary provisions restricting action to wind up companies and reverse some winding up orders already made are a step closer following presentation of the Corporate Insolvency and Governance Bill (“Bill”) to the House of Commons on 20 May. The Bill will now work its way through both Houses before imminently becoming law. The Bill includes a number of substantial corporate insolvency changes, but also temporary provisions restricting action to wind up companies in light of Covid-19, on which we focus here.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Landlord, Coronavirus, UK House of Commons
    Authors:
    Emma Pinkerton , Julie Gattegno , Jim Pang
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Romania amends insolvency law with start of state of alert
    2020-05-20

    On 18 May 2020, the same date that Romania switched to a state of alert that will expire on 17 June 2020, Law no. 55/2020 entered into force, which contains amendments to legal provisions for regular insolvency during the state of alert.

    The most important amendments include a deferral of the obligation to file for insolvency, an increase in the threshold for petitioning for insolvency, extension of the duration for the reorganisation plan and an extension of other procedural deadlines.

    The following is a list of the major amendments contained in the law:

    Filed under:
    Romania, Company & Commercial, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus
    Authors:
    Rodica Manea
    Location:
    Romania
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Directors Duties in the UAE: Part 3 - Duties in times of Financial Uncertainty
    2020-05-11

    Introduction

    With global economies facing uncertain times as a result of the COVID-19 pandemic, and many businesses facing significant challenges to cash flow, revenue and bad debts, the possibility of insolvency will be very real for some companies in the UAE. In such circumstances it is important that directors fully appreciate how their duties and liabilities will be impacted and ensure decisions made in a financial distress situation are made in full consideration of these.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Bribery, Coronavirus
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Have you rescinded an agreement due to untimely payment of remuneration? You will not calculate liquidated damages on such account
    2020-05-06

    In accordance with the resolution adopted by the seven-judge panel of the Supreme Court dated 20 November 2019, case file no. III CZP 3/19, it is not admissible to stipulate liquidated damages in the case of rescinding an agreement due to the failure to perform an obligation of a pecuniary nature.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, General contractor, Coronavirus
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Electronic signing in finance transactions
    2020-04-20

    1.Why use an electronic signature?

    2.What is e-signing?

    3.Is e-signing valid?

    4.What types of document can be signed electronically?

    5. Are there any restrictions/protocols relating to electronic signatures?

    6. What is the position with overseas entities?

    7. E-signing with a secure platform

    8. E-signing without a secure platform

    1. Why use an electronic signature?

    Filed under:
    United Kingdom, England & Wales, Banking, Company & Commercial, Insolvency & Restructuring, Real Estate, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus
    Authors:
    Marianne Mudd
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Czech insolvency rules to change under Lex COVID-19
    2020-04-02

    In response to the anticipated economic impact of the Covid-19 pandemic, on 31 March 2020 the Czech Government approved the so-called ‘Lex COVID-19’ and sent the draft law to the Parliament for expedited legislative processing. This article focuses on the implications of the Lex COVID-19 on the insolvency proceedings in the Czech Republic. For wider implications of the Lex COVID-19, please see this article.

    Filed under:
    Czech Republic, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus
    Location:
    Czech Republic
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    D&O insurance: changes to UK Insolvency Law in response to COVID-19
    2020-04-01

    On Saturday (28 March 2020) the UK Government announced certain changes to insolvency laws in response to COVID-19, intended to help companies and directors.

    There are two aspects to the changes:

    1. Retrospective suspension or relaxation of wrongful trading

    2. New restructuring procedure and new temporary moratorium

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Insurance, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP

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