The High Court has ruled that directors breached their duties by taking up the company’s business opportunity for their own benefit, even if the company was unable to take up that opportunity by reason of its financial position: Davies v Ford & Ors [2020] EWHC 686.
Wegen der bundesrtlich angeordneten Massnahmen im Zusammenhang mit der Corona- Pandemie wird eine Konkurswelle befrchtet. Um vormals gesunde Unternehmungen, die nur auf Grund der Pandemie in finanzielle Schieflage geraten sind, vor dem Konkurs zu bewahren, hat der Bundesrat gezielte Massnahmen im Sanierungsrecht erlassen. Auch soll so der Verlust von Arbeitspltzen verhindert werden.
A demerger is the process through which a single business entity is divided into separate companies or groups of companies. There are a number of motivations behind a demerger, such as resolving shareholder disputes, separating different elements of a business and improving the value of an element of a single business that has previously been eclipsed within the current corporate structure. On account of the rigid legislation governing companies within the UK, it is vital that the correct methodology for carrying out a demerger is used.
On 16 April 2020, the Federal Council implemented the measures aiming at preventing corona-related bankruptcies. The measures come into force on 20 April 2020 and are limited to six months.
Directors are facing difficult decisions in the current climate but, while the impact of COVID-19 will continue to be felt, it does not follow that companies should be forced out of business. Our publication 'Saving viable businesses – a look at restructuring options in the current environment' serves as reminder of rescue procedures available under Irish law.
As South African businesses are left reeling in the wake of the escalating coronavirus crisis and the imposition of a 35-day lockdown , we look at the implications for South African companies and how those in financial difficulty may find some relief under the Companies Act 71 of 2008 (Companies Act).
A variety of steps have been taken to accommodate managers working during the lockdown. As at 20 April 2020, these measures are as follows:
1. More flexibility for the governance of funds
The increased flexibility for the governance of funds during lockdown orders enacted under the emergency legislation of 20 March 2020 can be found here.
Der Bundesrat hat am 16. April 2020 die in Aussicht gestellten Massnahmen zur Vermeidung von coronabedingten Konkursen umgesetzt. Die Massnahmen treten am 20. April 2020 in Kraft und sind auf sechs Monate befristet.
Directors of Hong Kong companies under cashflow pressure or financial distress should be aware that as their companies approach insolvency, their duties are increasingly owed to the creditors of their companies rather than to the shareholders of their companies. Pressure from suppliers and other creditors to make payments can place directors in a difficult position of incurring personal liability.
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
Why use an electronic signature?