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    Managing directors' liability - an overview of recent changes in the Czech Republic
    2021-03-02

    The most recent amendment to the Act on Commercial Companies and Cooperatives, effective since 1 January 2021, has brought several changes to the liability of managing directors (MDs), which we outline below.

    Salary and benefits

    The time period within which an MD is obliged to return any salary and benefits received from an insolvent company has been altered.

    Filed under:
    Czech Republic, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    David Volek
    Location:
    Czech Republic
    Firm:
    Taylor Wessing
    One-Sided Contractual Terms Constitute Unfair Trade Practice under Consumer Law in India
    2021-03-02

    INTRODUCTION:

    Filed under:
    India, Company & Commercial, Construction, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Coronavirus
    Authors:
    Aditya Mehta
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    2020 Consumer Financial Services Year in Review & A Look Ahead
    2021-03-02

    2020 was a transformative year for the consumer financial services world. As we navigated an unprecedented volume of industry regulation, Troutman Pepper leveraged our decades of experience and legal know how to help clients find successful resolutions and stay ahead of the compliance curve.

    Filed under:
    USA, Arbitration & ADR, Banking, Company & Commercial, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Litigation, Telecoms, Troutman Pepper, Cybersecurity
    Location:
    USA
    Firm:
    Troutman Pepper
    Rights, Default, No-Action?: REXLot Holdings Ltd. [2020] HKCFI 2212
    2021-02-26

    Public policy, “No-Action” and arbitration clauses, and the substitution of petitioners

    Background

    Bonds that are traded via clearing houses, such as Euroclear and Clearstream, often contain terms providing that there will be a trustee for the issue, who may be appointed by the participants in the relevant clearing system or by the beneficial owners.

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Des Voeux Chambers, Winding-up
    Authors:
    Rachel Lam SC , Yang-Wahn Hew
    Location:
    Hong Kong
    Firm:
    Des Voeux Chambers
    Mass damages claims - how does the WMCA impact bankruptcy proceedings?
    2021-02-26

    Since Article 3: 305a of the Dutch Civil Code entered into force on 1 July 1994, a legal person (usually a foundation) can institute legal proceedings that serve to protect interests outlined in its articles of association (for example, recovering damage caused to the members of the foundation concerned). The mass claims foundation was born.

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Ralf van der Pas
    Location:
    Netherlands
    Firm:
    Taylor Wessing
    Mistake Corrected - No Validation Order Needed for Issuing New Shares: Re China Ocean Industry Group Ltd [2021] HKCFI 247
    2021-02-26

    Correcting a widespread mistake, Mr Justice Harris in Re China Ocean Industry Group Ltd [2021] HKCFI 247 held that the Court has no jurisdiction to make a validation order after a winding-up petition in respect of the issue of new shares and convertible bonds (“CBs”).

    The correct position is that a company subject to a winding-up petition may issue new shares and CBs without a validation order.

    Background to the widespread mistake and the present case

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Des Voeux Chambers, Winding-up, Hong Kong Stock Exchange
    Authors:
    Look-Chan Ho
    Location:
    Hong Kong
    Firm:
    Des Voeux Chambers
    Where to Start When Winding Down a Business?
    2021-02-25

    According to the U.S. Bureau of Labor Statistics, approximately 20 percent of new businesses fail during the first two years of being open, 45 percent during the first five years and 65 percent during the first 10 years. The unprecedented financial challenges of COVID-19 have increased the number of business failures and economists project that the number of failures will accelerate in the quarters ahead.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Fredrikson & Byron PA, Bankruptcy, Liquidation, Coronavirus, Bureau of Labor Statistics
    Authors:
    Ryan T. Murphy
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Ukraine resumes large-scale privatisation
    2021-02-23

    Large-scale privatisation in Ukraine took a hit as a result of the COVID-19 pandemic and was temporarily suspended in March 2020 as a quarantine measure. On 4 February 2021, the draft law No. 4543, which unblocks the ability to hold large-scale privatisation auctions, passed the first reading in the Ukrainian parliament.

    Filed under:
    Ukraine, Company & Commercial, Insolvency & Restructuring, CMS Ukraine, Coronavirus
    Authors:
    Tetyana Dovgan , Graham Conlon , Maria Orlyk , Mariana Saienko
    Location:
    Ukraine
    Firm:
    CMS Ukraine
    Intersection of ibc & SEBI - amendments to listing obligations and disclosure requirements regulations consequent to cirp
    2021-02-23

    In our earlier article, we had written about the Consultation Paper of SEBI proposing disclosure requirements about the approved resolution plans in respect of listed companies that are admitted for corporate insolvency resolution process under the Insolvency & Bankruptcy Code, 2016 and also proposing certain minimum public shareholding in such companies.

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Eshwars
    Location:
    India
    Firm:
    Eshwars
    Reclamación de la indemnización compensatoria por clientela en el concurso del agente
    2021-02-22

    El agente comercial, al igual que el distribuidor, puede tener derecho a reclamar tanto las compensaciones por clientela, como también las indemnizaciones por daños y perjuicios en caso de una terminación del contrato. Esto en particular se aplica si el fabricante resuelve el contrato sin alegar una conducta que derive en un incumplimiento del agente.

    Filed under:
    Spain, Company & Commercial, Insolvency & Restructuring, Monereo Meyer Abogados
    Authors:
    Michael Fries
    Location:
    Spain
    Firm:
    Monereo Meyer Abogados

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