The long-discussed amendments to the Czech Insolvency Act entered into force on 1 July 2017.
These aim primarily to strengthen the transparency of insolvency proceedings; reduce paperwork in the insolvency courts; and change the system of allocation of insolvency cases in the area of debt relief.
The following highlights the most fundamental changes introduced last month.
Allocating insolvency cases
Under Czech law, a parent company, controlling entity or influential entity may be liable for the obligations of a bankrupt corporation under its control. Respective controlling entities' liability is a frequently discussed issue and closely related to the common law doctrine known as 'piercing the corporate veil'. The judiciary and legal academic community are torn when it comes to applying particular provisions of the Corporations Act in such situations.
I am delighted to present the third edition of The Issues, an annual publication brought to you by our team at CMS Prague. As is tradition, the articles will look at general legislative developments as well as new opportunities and legal issues that you will be facing in the year ahead. We also look at sector specific topics from across industries such as consumer products, energy, financial services, hotels & leisure, lifesciences, real estate and technology, media & telecoms.
August 2016
Nyhedsbrev
- Insolvens & Rekonstruktion
Nyhedsbrevet indeholder referater af nyere retspraksis om insolvensretlige problemstillinger samt orientering om en ndring af Erhvervsstyrelsens praksis vedrrende tvangsoplsning af selskaber. Gorrissen Federspiels afdeling for Insolvens & Rekonstruktion kan kontaktes, sfremt nyhedsbrevet giver anledning til bemrkninger eller uddybende sprgsml. Kontaktoplysninger fremgr sidst i nyhedsbrevet.
Konkursbetingelser
ISSUE FOUR 2017 FUNDING IN FOCUS Are Asian arbitral centres going to surpass the old continent? PwC Damages: an expert’s view Who wins, where and why? Stockholm, Sweden, Scandinavia Freshfields Bruckhaus Deringer 60 seconds Q&A with Erin Miller Rankin Brick Court Chambers Competition damages litigation in London pre- and post- Brexit Wilberforce Chambers Getting at trust assets and piercing the corporate veil Disputes funding for corporates CONTENTS Are Asian arbitral centres going to surpass the old continent?
The liquidation of companies in Egypt is governed by the Egyptian Companies Law. No. 159/1981[1], the law governs all the aspects of the companies’ liquidation including the reasons of liquidation, status of the company under liquidation, the appointment of the liquidator, responsibilities of the liquidator and revocation of the liquidator.
The company may be liquidated for the following reasons:
Fabio J Guzmán-Saladín and Pamela Benzán, Guzmán Ariza
This is an extract from the 2020 edition of the Americas Restructuring Review, published by Global Restructuring Review. The whole publication is available here.
In summary
The UK government’s response to COVID-19 has already taken the economy into new territory, and whilst measures put in place may delay or alter the approach of companies seeking insolvency-based protections, a large number of (contentious) restructurings and insolvencies is inevitable.
We anticipate three phases, each of which creates various risks:
(i) The current phase, during which companies are able to take advantage of government support, or relaxed laws or rules around insolvencies, to continue to operate during the COVID-19 lockdown.
Deutsches Recht: Blick zurück 2016
Unternehmens- und Gesellschaftsrecht
Year in Review - German Law in 2016
Corporate and Commercial
Amendment to the Stock Corporation Act: The Amendment to the Stock Corporation Act 2016 (Aktien-rechtsnovelle 2016) introduced, among other things, the option to issue preference shares without subsequent payment, an extended conversion right for convertible bonds, a limitation of the issue of bearer shares for non-listed companies and new provisions on the due dates of dividend payments.