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    Dealing with Suppliers in Crisis
    2023-07-06

    In many industries, the supply chain can involve multiple suppliers and jurisdictions. In the current economic climate, it is not unusual for a supplier within the supply chain to encounter financial distress or even to enter into formal insolvency proceedings. This can have a significant impact on a company if its business depends on a distressed supplier and an alternative or additional supplier cannot be found (and production cannot be brought in house) or an alternative sourcing is not possible for other reasons, like part/raw material approval process, testing, customs etc.

    Filed under:
    Germany, Company & Commercial, Compliance Management, Insolvency & Restructuring, Litigation, Mayer Brown, Corporate governance, Supply chain, Due diligence, Federal Court of Justice
    Authors:
    Dr. Marco Wilhelm , Tina Hoffmann , Amy Jacks , Alexandra Wood , Sheena Frazer , Dr. Malte Richter , Devi Shah , Stefanie Skoruppa , Inga Rupp
    Location:
    Germany
    Firm:
    Mayer Brown
    UK distressed restructuring - why are ESG issues important?
    2023-07-07

    Companies are under increasing pressure to examine their ESG policies, particularly after the recent COP26 conference. The UK's commitment to achieving net-zero emissions by 2050 has intensified the ESG focus.

    What is ESG?

    ESG, or Environmental, Social and Corporate Governance, is a term used to describe a set of standards that measures a business' environmental and social impact.

    Why is ESG important in a distressed restructuring?

    Filed under:
    United Kingdom, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Taylor Wessing, ESG
    Authors:
    Kirsten Fulton-Fleming
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Corporate transactions, restructures and insolvencies
    2023-07-05

    Understandably the focus of corporate transactions, restructures and insolvencies tends to be big ticket issues such as finance, tax and assets.

    Immigration considerations are often overlooked, potentially resulting in hidden risks and headaches for those involved. In this article, we look at the implications of such scenarios in two key compliance areas: sponsor licences and the prevention of illegal working.

    What is a sponsor licence?

    Filed under:
    European Union, United Kingdom, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Public, TLT LLP, Due diligence, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK)
    Location:
    European Union, United Kingdom
    Firm:
    TLT LLP
    Commodities Case Update, July 2023
    2023-07-05

    COMMODITIES CASE UPDATE JULY 2023 HFW COMMODITIES CASE UPDATE JULY 2023 We are delighted to present the July 2023 edition of the Commodities Case Update, with a summary of 12 key recent cases relevant to the commodities sector. With a market leading commodities team, we have over 100 lawyers who provide a full service internationally. The group is led by a team of over 25 partners, who are based in all our offices around the world, including in the major trading hubs of London, Paris, Geneva, Dubai, Singapore, Hong Kong and Sydney.

    Filed under:
    Global, United Kingdom, Company & Commercial, Insolvency & Restructuring, Law Firm Management, Legal Practice, Litigation, Trade & Customs, HFW, Force majeure, Limitation Act 1980 (UK), UK Supreme Court, London Court of International Arbitration
    Location:
    Global, United Kingdom
    Firm:
    HFW
    开曼PE基金的清盘
    2023-07-05

    一只基金在经历“募、投、管、退”几个阶段后,会进入其生命周期的最后一个阶段:清盘和解散,这个阶段涉及对于基金的资产的盘点、处置、分配以及一些法定的清盘和解散程序的履行。虽然在清盘阶段,需要盘点资产、处置及分配,但其实很多基金在运营过程中已经根据其合伙协议下的瀑布式分配条款向投资人完成了绝大多数分配(如下图所示),清盘很多时候仅成为一个注销基金的程序性必经环节而已。

    点击可查看大图

    有时候由于跨境重组中精简结构或者其他商业上的考虑,一些PE基金的主体也需要清盘和注销。无论是由于期限到期清盘,还是由于重组而清盘,大多数开曼PE基金会采用自愿清盘(voluntary liquidation)的方式退出,因此我们在本文中会重点介绍开曼法下豁免有限合伙的自愿清盘,也会对开曼法下的剔除(strike-off)程序在豁免有限合伙场景下的应用进行简单介绍。

    Filed under:
    Cayman Islands, China, Company & Commercial, Insolvency & Restructuring, Zhong Lun Law Firm
    Authors:
    Jane P. Yao , Alfred Xu , Tracy Fan
    Location:
    Cayman Islands, China
    Firm:
    Zhong Lun Law Firm
    SCARP Update
    2023-07-05

    The Companies (Rescue Process for Small and Micro Companies) Act 2021 was enacted in December 2021 to provide a more cost-effective restructuring process for smaller companies in Ireland (SCARP). It has a wide range of features which provide excellent opportunities to assist businesses in difficulty, in a similar format to Examinership but without the cost of the associated court hearings.

    Process

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, Beauchamps, Companies (Rescue Process for Small and Micro Companies) Act 2021 (Ireland)
    Authors:
    Simon Murphy
    Location:
    Ireland
    Firm:
    Beauchamps
    Putting up the insolvency umbrella as economic clouds gather
    2023-07-04

    The economic clouds continue to darken alongside the incessant rainstorms outside, and people are paying closer attention to the forecasts to understand what to do to keep dry.

    As interest rates continue to rise, and many commentators describe a challenging economic outlook amid an extending inflationary cycle, one only has to look at the recent company collapses in the construction sector to see the struggle that businesses are facing. Times are, and certainly will be, tough for a large number of people, and there are clearly sectors in distress.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, MinterEllisonRuddWatts, Supply chain, Insolvency
    Location:
    New Zealand
    Firm:
    MinterEllisonRuddWatts
    They call it retail therapy - but at what cost?
    2023-06-27

    When feeling a little lost, stressed or fearful about life its fairly natural to gravitate towards things that give us a sense of ease (dopamine), control, distraction and worth. I used to find these escapes in in alcohol, and then food, and from time to time I still do in shopping to the detriment of my mental health.

    But all things in moderation as they say, and I would argue there is actually meaning in some material things that give us a sense of remembrance or comfort. Hard work should be rewarded and this is often a nice way to do so.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Tax, FRP Advisory, HM Revenue and Customs (UK)
    Authors:
    Luke Wilson
    Location:
    United Kingdom
    Firm:
    FRP Advisory
    What do I have to consider as A member of the Board of Directors of a Swiss Subsidiary?
    2023-06-27

    Global political crises, volatile interests, inflation and supply chain issues challenge many companies. In this blog series, VISCHER's restructuring & insolvency team will show how companies can navigate through these challenges. Here you will find answers to the most important questions regarding the duties of a director of a Swiss subsidiary.

    1. What is the group dilemma and what interests must a Swiss subsidiary's board safeguard?

    Filed under:
    Switzerland, Company & Commercial, Insolvency & Restructuring, VISCHER AG, Supply chain, Due diligence
    Authors:
    Benedict F. Christ , Dorothea Wirth
    Location:
    Switzerland
    Firm:
    VISCHER AG
    Pre-pack insolvency sales: the UK approach
    2023-06-27

    A “pre-pack” is a sale of all or part of a distressed company’s business or assets, negotiated before the company enters a formal insolvency process and executed by the appointed insolvency practitioner immediately after the insolvency process begins.

    Filed under:
    European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Insolvency, European Commission, European Court of Justice, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK)
    Authors:
    Glen Flannery
    Location:
    European Union, United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP

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