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    COVID-19 - Keeping Capital Working - Staying Away From the Edge
    2020-03-20

    In this article, we focus on working capital and consider ways a business can seek to weather the storm and preserve all-important liquidity through this challenging period.

    Practical Tips

    Given the unprecedented challenges presented by COVID-19 globally, what can senior management do in order to manage and mitigate the risk to the company's financial health?

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Coronavirus
    Authors:
    James Collis , John Alderton , Susan Kelly , Stephen D. Lerner , Karol K. Denniston , Antoine Adeline , Dr Andreas Fillmann , Fernando González
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Taking advice from professionals is not a “get out of jail free” card for directors in the event of insolvency
    2018-05-14

    Directors of a company in financial distress will often turn to their professional advisors to assist in making decisions about the company’s future; whether that be their lawyers, accountants, bank, tax advisors or insolvency professionals.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Cathryn Williams , Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Creditors v Private Pension Holders - has UK bankruptcy law gone too soft?
    2016-10-12

    The recent Court of Appeal decision in Horton v Henry has highlighted the protection afforded to a bankrupt holding a private pension to the detriment of his bankruptcy creditors.

    Facts

    Filed under:
    United Kingdom, Company & Commercial, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Court of Appeal of England & Wales
    Authors:
    Paul Muscutt
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Directors of Dissolved Companies and COVID Fraud
    2021-11-18

    On 12 May 2021, The Rating (Coronavirus) and Director Disqualification (Dissolved Companies) Bill was introduced to Parliament.

    The Bill passed through the Commons stages unaltered and recently passed the Committee stage at the House of Lords on 10 November 2021. The Report stage will be taking place on 1 December 2021.

    Purpose of the Bill

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Coronavirus, House of Lords
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    UK Government Consultation- Restoring Trust in Audit and Corporate Governance- A Directors’ Duties and Insolvency Perspective
    2021-03-24

    The Government has issued a consultation paper regarding statutory audits and financial reporting. The consultation makes proposals in relation to four areas, namely directors, auditors and audit firms, shareholders and the audit regulator.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Corporate governance, Coronavirus, Ontario Superior Court of Justice
    Authors:
    Jon Chesman
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Reflections on COVID-19 - Views from Italy
    2020-09-17

    In this blog we examine the economic impact of Covid-19 on the Italian economy, through an analysis of economic data relating to the lockdown period from February to May 2020, an assessment of the impact of the Italian government’s measures, and a view on what the future might look like for the Italian economy.

    How Has Covid-19 Impacted the Italian Economy?

    Filed under:
    European Union, Italy, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Coronavirus, European Commission
    Location:
    European Union, Italy
    Firm:
    Squire Patton Boggs
    Directors’ Duties - Czech Republic : Considerations for Directors When a Company Is in Financial Difficulty
    2020-04-23

    This quick guide summarises the duties that directors of companies incorporated in the Czech Republic are subject to, and how those duties change when the company is insolvent or at risk of being insolvent.

    It also gives an overview of the personal risk to directors when the company is in financial difficulty.

    Filed under:
    Czech Republic, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Coronavirus
    Location:
    Czech Republic
    Firm:
    Squire Patton Boggs
    Directors’ Duties and Covid-19 - a view from the UK
    2020-03-19

    Given the current pressure all businesses face dealing with the effect of Covid-19, it is important that directors understand what their duties are in respect of insolvent companies or companies that are at risk of heading towards insolvency.

    In this blog we briefly remind directors what their duties are, the potential claims that could be brought against them in the event of insolvency and how they might arise. To mitigate against these risks it is critically important that directors:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Coronavirus
    Authors:
    Devinder Singh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Failure to follow deemed consent procedure did not invalidate appointment
    2018-04-19

    In the recent case of Cash Generator Limited v Fortune and others [2018] EWHC 674 (Ch), the Court determined that non-compliance with the deemed consent procedure for nominating liquidators did not invalidate their appointment. The case provides a useful summary on the relatively new provisions governing the deemed consent procedure and welcome relief to Insolvency Practitioners (“IPs”) that a failure to fully comply with such provisions will not necessarily invalidate their appointment.

    Brief facts and arguments

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Liquidator (law)
    Authors:
    Oliver Ward-Jones
    Location:
    Australia
    Firm:
    Squire Patton Boggs
    Are you “special” enough to be validated?
    2016-09-20

    The presumption that courts normally validate dispositions by a company subject to a winding up petition if such dispositions are made in good faith and in the ordinary course of business has been called into question in the recent case of Express Electrical Distributors Ltd v Beavis and others [2016].

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Liquidation, Insolvency Act 1986 (UK)
    Authors:
    Gemma Whale , Devinder Singh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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