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    CMS Expert Guide to restructuring and insolvency law
    2020-09-01

    Restructurings, especially those involving multiple jurisdictions, are invariably complex matters. This CMS Expert Guide provides an overview of the various restructuring possibilities available in a large number of countries, allowing you to compare how the options are deployed in these jurisdictions.

    We intend to update it periodically to reflect important changes as they happen.

    If you need more information or have any questions, please do not hesitate to contact us.

    Filed under:
    Angola, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, China, Colombia, Croatia, Czech Republic, European Union, France, Germany, Global, Hungary, Italy, Kenya, Luxembourg, Netherlands, Peru, Poland, Portugal, Romania, Serbia, Singapore, Slovakia, Slovenia, Spain, Switzerland, Ukraine, United Arab Emirates, United Kingdom, USA, Banking, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Litigation, Public, CMS Germany, Brexit, Due diligence, Coronavirus, Court of Justice of the European Union
    Location:
    Angola, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, China, Colombia, Croatia, Czech Republic, European Union, France, Germany, Global, Hungary, Italy, Kenya, Luxembourg, Netherlands, Peru, Poland, Portugal, Romania, Serbia, Singapore, Slovakia, Slovenia, Spain, Switzerland, Ukraine, United Arab Emirates, United Kingdom, USA
    Firm:
    CMS Germany
    New guide to restructuring and insolvency in Mainland China
    2020-08-31

    1. Introduction 

    Filed under:
    China, Insolvency & Restructuring, Herbert Smith Freehills LLP
    Authors:
    Alexander Aitken , Ellen Mao , Gareth Thomas , Peter Ng , Hilary Lau , Philip Lis , Jason Sung , Jojo Fan , Tommy Tong , Cathy Liu , Nanda Lau , Jean Zhu , Angela Zhao , Tianchan Li
    Location:
    China
    Firm:
    Herbert Smith Freehills LLP
    Liquidators in the ongoing Queensland Nickel Pty Ltd (In Liquidation) litigation fail to recover $102 million but are successful in their uncommercial transaction claims
    2020-08-31

    In Parbery & Ors v QNI Metals Pty Ltd & Ors[1] the Court held, amongst other things, that:

    Filed under:
    Australia, China, Queensland, Insolvency & Restructuring, Litigation, Gadens
    Authors:
    Scott Couper
    Location:
    Australia, China
    Firm:
    Gadens
    General Counsel update - legal guide edition 32
    2012-11-29

    Changes to the Listing Rules and further consultation on enhancing the effectiveness of the regime

    Filed under:
    Australia, China, Hong Kong, Indonesia, Myanmar, Singapore, United Kingdom, Banking, Capital Markets, Company & Commercial, Construction, Corporate Finance/M&A, Employment & Labor, Franchising, Insolvency & Restructuring, Intellectual Property, Litigation, Telecoms, Herbert Smith Freehills LLP
    Location:
    Australia, China, Hong Kong, Indonesia, Myanmar, Singapore, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Covid-19: Restrictions on creditor rights, relaxation of obligations to file and other insolvency-related reforms/proposals
    2020-04-08

    Our tracker contains an overview of changes made in light of the Covid-19 outbreak which impose restrictions on creditor rights, relax debtor obligations to file for insolvency or concern other insolvency-related issues. As you will appreciate, this is a dynamic situation, and both the measures announced and applicable legal framework will continue to evolve in the coming days, weeks and months

    Filed under:
    Belgium, China, European Union, France, Germany, Global, Hong Kong, India, Italy, Netherlands, Russia, Singapore, Spain, United Kingdom, USA, Banking, Insolvency & Restructuring, Litigation, Linklaters LLP, Coronavirus
    Location:
    Belgium, China, European Union, France, Germany, Global, Hong Kong, India, Italy, Netherlands, Russia, Singapore, Spain, United Kingdom, USA
    Firm:
    Linklaters LLP
    Cross Border Restructuring and Insolvency Update - September 2016
    2016-09-30

    The Collapse Of Coal

    Supreme Court of Gibraltar recognises United States Chapter 11 bankruptcy proceedings as a foreign main proceeding.

    Canadian insolvency proceedings of Pacific Exploration & Production Corporation recognised as main proceedings by Colombia and US Bankruptcy Court

    Filed under:
    Canada, China, United Arab Emirates, USA, Massachusetts, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Alan Bennett
    Location:
    Canada, China, United Arab Emirates, USA
    Firm:
    Ashfords LLP
    General Counsel Update - February 2017
    2017-03-01

    When we began analysing in depth the possibility of Britain exiting the European Union, 18 months prior to the June 2016 referendum, the HERBERT businessSMITH FREEHILLS consensus w07as very muchSECTION TITLE that Brexit was a remote prospect that either would never happen or not matter.

    Fast forward just over two years and the reality could not be more different. In this updated edition of our Brexit legal guide, we take stock of the present situation, summarising the key developments since last year's vote and what is to be expected in the months ahead. 10 33 99

    Filed under:
    Australia, China, European Union, Hong Kong, Indonesia, Singapore, United Arab Emirates, United Kingdom, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, Law Department Management, Planning, Public, Tax, Telecoms, Herbert Smith Freehills LLP, Brexit, Breach of contract, Reinsurance, Prudential Regulatory Authority (UK), General counsel, Duty of care, Defined benefit pension plan, Contract for difference, European Commission, Securities and Futures Commission (Hong Kong), Fair Work Commission (Australia)
    Location:
    Australia, China, European Union, Hong Kong, Indonesia, Singapore, United Arab Emirates, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    The Financial Report June 11, 2015 - news from Asia and the Pacific
    2015-06-11

    SFC released consultation conclusions on supervisory assistance. The Hong Kong Securities and Futures Commission (SFC) released consultation conclusions on proposed amendments to the Securities and Futures Ordinance (SFO). The amendments would provide assistance to regulators outside of Hong Kong upon request by making inquiries and obtaining certain records and documents from licensed corporations or their related corporations. The proposed supervisory assistance will be subject to both existing and new legislative safeguards.

    Filed under:
    Australia, China, Hong Kong, Japan, Singapore, Capital Markets, Derivatives, Insolvency & Restructuring, Tax, DLA Piper, Securities and Futures Commission (Hong Kong), Financial Services Agency, Monetary Authority of Singapore
    Location:
    Australia, China, Hong Kong, Japan, Singapore
    Firm:
    DLA Piper
    Recognition of foreign “soft-touch” provisional liquidators: Re-affirming the Hong Kong Court’s approach to cross-border insolvency
    2020-04-15

    Re Joint Provisional Liquidators of Moody Technology Holdings Ltd [2020] HKCFI 416

    The Hong Kong Court has explained why there is no inconsistency between: (a) its domestic insolvency law which does not permit the appointment of provisional liquidators purely for the purposes of restructuring the company; and (b) common law recognition of foreign "soft-touch" provisional liquidators.

    What is a soft-touch provisional liquidator?

    Filed under:
    China, European Union, Hong Kong, United Kingdom, Insolvency & Restructuring, Litigation, Trade & Customs, Stephenson Harwood LLP
    Authors:
    Susan Moore , Eloise Matsui , Vivian Lau
    Location:
    China, European Union, Hong Kong, United Kingdom
    Firm:
    Stephenson Harwood LLP
    Going concerns - Surviving the lockdown
    2020-04-16

    Covid-19 has brought about much uncertainty for businesses worldwide and it is timely for a special edition of Going Concerns to provide a "survival guide" in the following jurisdictions Singapore, the People's Republic of China ("PRC"), Hong Kong, United Kingdom and the United Arab Emirates ("UAE"). This special edition will also touch on recent legislation and stimulus packages introduced by governments of the above (where applicable) in response to the Covid-19 outbreak, which will impact both creditors and debtors.

    Survival guide

    Filed under:
    China, European Union, Global, Hong Kong, Middle East, Singapore, United Arab Emirates, United Kingdom, Banking, Insolvency & Restructuring, Public, Stephenson Harwood LLP, Coronavirus
    Location:
    China, European Union, Global, Hong Kong, Middle East, Singapore, United Arab Emirates, United Kingdom
    Firm:
    Stephenson Harwood LLP

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