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    King & Wood Mallesons' submission on corporate insolvency in Australia
    2022-12-01

    Overview of this submission

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Mediation, Coronavirus, Insolvency, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    Dutch directors' liability for bankruptcy deficit only reduced on specified grounds
    2022-12-08

    Background

    Under Dutch law, the directors of a (private) company can be held personally liable by the trustee for the bankruptcy deficit. Liability can arise when the directors have manifestly performed their management duties improperly and if it is reasonable to assume that bankruptcy was declared as a result. Section 2:248(4) of the Dutch Civil Code (DCC) contains a list of grounds for reducing the amount of the directors’ liability.

    Decision

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Ralf van der Pas
    Location:
    Netherlands
    Firm:
    Taylor Wessing
    UK: Supreme Court confirms existence of directors' "creditor duty"
    2022-10-10

    In brief

    The UK Supreme Court has handed down its long-awaited judgment in relation to the case of BTI 2014 LLC (Appellant) v. Sequana SA and others (Respondents) [2022] UKSC 25, concerning the duty of directors of a company registered under the Companies Act 2006 to consider (and act in accordance with) the interests of the company's creditors.


    Contents

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Baker McKenzie, Insolvency, UK Supreme Court
    Authors:
    Priyanka Usmani , Matthieu Hucker
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    Significant insolvent trading decision in the UK Supreme Court - creditors' interests in the twilight zone
    2022-10-11

    The United Kingdom Supreme Court has just released an important insolvency judgment in BTI 2014 LLC v Sequana SA [2022] UKSC 25 (Sequana), which concerns when and the extent to which directors of a company must consider the interests of creditors.

    Filed under:
    New Zealand, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Insolvency, UK Supreme Court
    Authors:
    Scott Barker , Luke Sizer
    Location:
    New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    Significant insolvent trading decision in the UK Supreme Court - creditors' interests in the twilight zone
    2022-10-11

    The United Kingdom Supreme Court has just released an important insolvency judgment in BTI 2014 LLC v Sequana SA [2022] UKSC 25 (Sequana), which concerns when and the extent to which directors of a company must consider the interests of creditors.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Insolvency
    Authors:
    Scott Barker , Luke Sizer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Winding up a company invested and managed in the Middle East - Al Najah Education Limited - [FSD 119 OF 2021(RPJ)]
    2022-05-23

    We have recently experienced an increase in mandates concerning disputes between shareholders and the Board of a Cayman company, which in many cases, leads to a shareholder applying to appoint provisional liquidators over the Company on a just and equitable basis. Therefore, we considered it important to remind those considering this remedy of the evidentiary hurdles they need to overcome to exercise it successfully.

    Filed under:
    Hong Kong, United Arab Emirates, Company & Commercial, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Walkers
    Authors:
    Cate Barbour , Luke Petith , Carly Kilshaw , Michael Testori , Tania Diab , Colette Wilkins
    Location:
    Hong Kong, United Arab Emirates
    Firm:
    Walkers
    Sell-Side Directors May Be Liable for Breach of Fiduciary Duty Claims for Failing to Investigate Company's Post-Closing Solvency
    2020-12-28

    In In re Nine West LBO Securities Litigation (Case No. 20-2941) (S.D.N.Y. Dec. 4, 2020), a federal district court denied in part a motion to dismiss claims brought by the Nine West liquidating trustee against former directors (the "Defendants") of The Jones Group, Inc. (the "Company"), Nine West's predecessor, for, among other things, (i) breaches of their fiduciary duties of care and loyalty, and (ii) aiding and abetting breaches of fiduciary duties. The litigation arises from the 2014 LBO of the Company by a private equity sponsor ("Buyer").

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Private equity, Due diligence
    Authors:
    Dominick DeChiara , Bryan C. Goldstein , Carey D. Schreiber , Bradley C. Vaiana
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Directors' Duties Under English Law — How to Lead in Difficult Times
    2022-07-01

    Elon Musk recently said he has a "super bad feeling" about the economy, pithily declaring what most financial commentators have been predicting in more technical terms.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Coronavirus, UK Supreme Court
    Authors:
    Sonya Van de Graaff , Prav Reddy
    Location:
    United Kingdom
    Firm:
    Katten Muchin Rosenman LLP
    BTI 2014 LLC v Sequana SA: unanswered questions from a British Virgin Islands perspective (Japenese) BTI 2014 LLC v Sequana SA:英領バージン諸島(BVI)から見る未決問題
    2023-01-10

    はじめに

    最近、イギリス(United Kingdom、以下同じ)最高裁判所のある判決では、破産した会社または破産に近い会社の取締役が債権者の利益を考慮に入れる義務が明確になりました。BTI 2014 LLC v Sequana SA [2022] UKSC 25はイギリスの会社法に関連していますが、英連邦全体、特にオフショア法域での破産における取締役義務についての解釈などに、広範囲にわたる影響を及ぼします。

    Sequana

    Filed under:
    British Virgin Islands, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Ogier, Insolvency, Companies Act 2006 (UK), UK Supreme Court
    Authors:
    Oliver Payne
    Location:
    British Virgin Islands, United Kingdom
    Firm:
    Ogier
    BTI 2014 LLC v Sequana SA: unanswered questions from a British Virgin Islands perspective
    2023-01-10

    Introduction

    In a recent decision, the United Kingdom Supreme Court clarified the duty of directors of insolvent or near insolvent companies to consider the interests of creditors. While BTI 2014 LLC v Sequana SA [2022] UKSC 25 relates to company law in the United Kingdom, it will have far reaching implications on the understanding of directors' duties relating to insolvency across the commonwealth and, in particular, offshore jurisdictions.

    Sequana

    Filed under:
    British Virgin Islands, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Ogier, Insolvency, Companies Act 2006 (UK), UK Supreme Court
    Authors:
    Oliver Payne , Shane Quinn , Joey Cheung , Andrea Ho アンドレア・ホー
    Location:
    British Virgin Islands, United Kingdom
    Firm:
    Ogier

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