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    Covid-19 Singapore: government proposes monumental temporary relief from commercial disputes
    2020-04-01

    The Ministry of Law in Singapore has announced that it will introduce a bill to the Parliament next week to offer temporary relief to businesses and individuals who are unable to fulfil their contractual obligations because of the COVID- 19 pandemic.

    The proposed bill includes:

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Clyde & Co LLP, Coronavirus
    Authors:
    Ian Roberts , Prakash Pillai
    Location:
    Singapore
    Firm:
    Clyde & Co LLP
    COVID-19 Directors & Officers: Temporary amendments to insolvency and corporations law
    2020-03-26

    Introduction:

    The Australian Federal Government announced temporary amendments, effective 24 March 2020, to insolvency and corporations law in response to the challenges that businesses are facing as a result of the COVID-19 crisis. These amendments provide a safety net to businesses in challenging times to foster survival for those businesses once the crisis has passed.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Clyde & Co LLP, Coronavirus
    Location:
    Australia
    Firm:
    Clyde & Co LLP
    High Court confirms that directors continue to owe fiduciary duties post insolvency
    2020-01-28

    The case of Hunt (as Liquidator of System Building Services Group Ltd) v Michie & Ors [2020] EWHC 54 (Ch) examines whether directors’ duties continue after the company has become insolvent and confirms that they do, bringing welcome clarity to the point. As such, Insurers will need to review their policies to make clear if they wish to cover this risk.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Liquidator (law), Directors' duties, Companies Act 2006 (UK)
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Spate of corporate insolvencies will put directors and officers under scrutiny in 2019
    2018-12-17

    Greatest focus will be on retail and outsourcing sectors.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Clyde & Co LLP
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    New Bankruptcy Law in the Kingdom of Saudi Arabia
    2018-02-26

    Saudi Arabia recently published a new Bankruptcy Law. This is the latest development of a string of reforms under Vision 2030 to further encourage the participation of foreign and domestic investors by structuring the business legal framework. This article provides a general analysis of the new bankruptcy law and its implications for businesses operating in the Kingdom.

    Filed under:
    United Arab Emirates, Banking, Company & Commercial, Insolvency & Restructuring, Clyde & Co LLP
    Location:
    United Arab Emirates
    Firm:
    Clyde & Co LLP
    Understanding compulsory liquidation
    2018-01-30

    A company enters into compulsory liquidation when the court makes a winding up order. Upon the order being made, the Official Receiver ("OR") is automatically appointed as liquidator, however, the company's creditors may nominate an alternative licensed insolvency practitioner to act as liquidator. A liquidator's primary function is to realise the company's assets for the benefit of its creditors.

    Filed under:
    United Kingdom, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Liquidation
    Authors:
    Andrew Foster , Duncan Lockhart
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Claim relating to distribution in specie not timebarred: Burnden Holdings (UK) Ltd (In Liquidation) v (1) Gary John Fielding (2) Sally Anne Fielding (2016)
    2016-10-26

    A company in liquidation appealed against a decision that its claim against the directors, for breach of fiduciary or statutory duty in relation to distribution in specie of the claimant company’s shareholding in another company, was time-barred.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Fiduciary, Liquidation, Limitation Act 1980 (UK)
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Liquidators' power to disclaim environmental liabilities and obligations upheld (for now)
    2018-10-25

    Liquidators have more certainty about their ability to disclaim the environmental liabilities and responsibilities of a company in liquidation.

    Filed under:
    Australia, Queensland, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Litigation, Clayton Utz, Environmental protection, Liquidation, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    Scott Sharry
    Location:
    Australia
    Firm:
    Clayton Utz
    Safe harbours and unenforceable ipso facto clauses on the way for Australian insolvency law
    2015-12-08

    The Australian Government has accepted certain recommendations of the Productivity Commission's long-awaited Report on Business Set-up, Transfer and Closure, in an attempt to change the focus of Australia's insolvency laws from "penalising and stigmatising business failure”, according to the Minister for Small Business and Assistant Treasurer, the Hon Kelly O'Dwyer MP.

    It has expressed a willingness to legislate to introduce at least two main changes:

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Clayton Utz, Corporations Act 2001 (Australia)
    Authors:
    Karen O'Flynn , Jennifer Ball , Cameron Belyea , Zac Chami , Brett Cook , Alistair Fleming
    Location:
    Australia
    Firm:
    Clayton Utz
    Creditors’ schemes of arrangement - a restructuring tool to pre-empt class action risks?
    2018-09-27

    When faced with multiple class action threats, there is little downside in a company giving consideration to a creditors’ scheme of arrangement to achieve a quicker and cheaper resolution of the underlying claims.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Clayton Utz, Class action, Corporations Act 2001 (Australia), Australian Securities Exchange, Lehman Brothers
    Authors:
    Orla McCoy , Flora Innes
    Location:
    Australia
    Firm:
    Clayton Utz

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