Introduction

Luxembourg recently adopted a number of legislative reforms aimed at modernising the rules applicable to commercial companies. In relation to the restructuring and insolvency of Luxembourg-based entities, Parliament is discussing the long-awaited Bill 6539 (the so-called 'Insolvency Bill').

In the meantime, a number of reforms which could affect the restructuring and insolvency of commercial companies have been adopted, including:

The number of companies declared bankrupt in Luxembourg has increased tremendously since 2009, reaching a record number of 1,026 in 2012. According to the Luxembourg authorities, this situation is mainly due to the current legislation, which is obsolete and no longer suited to modern financial difficulties.

In 2009, the Luxembourg government decided that the creation of appropriate tools for companies in financial distress was extremely important, especially in the post-crisis period, and decided to tackle this subject.

Introduction
Objectives
Guiding principles
Main changes
Status

Introduction

Introduction

It is well known that directors have a duty to act in good faith and in a company's best interests. This duty takes centre stage, especially in times when a company's survival is threatened.

In the recent decision of Cubic Electronics Sdn Bhd (in liquidation) v Mars Telecommunications Sdn Bhd [2019] CLJ 723 (“Cubic Electronics”), the apex court of Malaysia revisited the principles on forfeiture of deposits and the treatment of liquidated damages clauses in contracts.  

FACTS

Covid-19: Should Malaysia adopt Specific Law?

There are various winding up procedures to which a Maltese-registered company may be subjected in terms of Maltese law. Amongst the said modes of action is what is known as the members’ voluntary winding up. This refers to the solvent voluntary liquidation of a company and specifically necessitates that the company in questionwill be able to pay off its debts in full within a period not exceeding12 months from the proposed date of dissolution.

General

The novel coronavirus has brought about many unforeseen circumstances which have unfortunately led many businesses to end in difficult financial situations. According to the Maltese Companies Act (Cap. 386 of the Laws of Malta), a company which is presently unable to pay its debts, or is very likely that it will be unable to pay its debts in the near future, has the possibility to either dissolve and consequently wind-up the company or recover the company.

Earlier this year, both the lower and upper houses of Malaysia’s parliament, passed the Companies Bill 2015 (“theBill”) which will harmonise Malaysia's insolvency laws and bring them more in line with modern international standards. Once the Bill comes into effect (it is currently awaiting Royal Assent), it will replace Malaysia’s existing Companies Act 1965.

According to the Federal Constitution (Article 17) and the international trades subscribed by the Mexican government, one of the most sacred human rights that exist nowadays is the right of “access to justice”, which can be translated into several specific rights, including that any jurisdictional authority (id est Court or Tribunal) must provide to all the particulars with an efficient resort to solve their claims effectively.