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    New Dutch Bill introduces pre-insolvency measures in the Netherlands
    2017-09-29

    The Dutch government has published a new draft of the Dutch Continuity of Enterprises Act II (the "WCO II") which seeks to introduce pre-insolvency measures in the Netherlands.

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Alan Bennett , Iona Jones
    Location:
    Netherlands
    Firm:
    Ashfords LLP
    Pre-Action Protocol for Debt Claims commencing 1 October 2017
    2017-09-28

    Any business owner will know the importance of consistent cash flow to the success of their business. On 1 October 2017, a new Pre-Action Protocol for Debt Claims will come into force. The new Protocol will make the process of claiming debts from unwilling debtors slower and more onerous for creditors as a new mandatory process before a claim can be issued is required, with longer timescales. It also aims to avoid court proceedings wherever possible, firmly encouraging parties to engage in alternative forms of dispute resolution.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Katie Farmer
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Re. Arck Estrella Limited, Representation of Rendle and Butcher [2017]JRC004 and [2017]JRC042
    2017-04-26

    English Liquidators of a fraudulent investment company were able to navigate a complex web of defunct companies and trusts to realise assets in a Jersey company.

    The partners of Arck LLP (in Liquidation), registered in England ("Arck"), an investment firm, were convicted of fraud and forgery. Richard Clay, thought to be the driving force of the scandal, is now serving a 10 years 10 months prison sentence and his deputy Kathryn Clark received a two year suspended sentence.

    Filed under:
    Jersey, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, White Collar Crime, Ashfords LLP
    Authors:
    Alan Bennett , Sarah Shrimpton
    Location:
    Jersey, United Kingdom
    Firm:
    Ashfords LLP
    Placing a Company into CVL
    2017-03-27

    Changes to the Insolvency Act 1986 ("Act")

    SBEEA 2015 makes a host of supplemental amendments to the Act, the general effect of which is remove references to creditors' meetings and replace them with the alternative decision processes.

    As a consequence:

    Filed under:
    United Kingdom, Banking, Company & Commercial, Insolvency & Restructuring, Ashfords LLP, Companies Act 2006 (UK), Insolvency Act 1986 (UK)
    Authors:
    Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Global Corporate V Hale Appeal Decision
    2018-11-28

    To no great surprise, the Global Corporate v Hale appeal decision has gone against the director. The Court of Appeal handed down the eagerly awaited judgment on 27 November 2018.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Ashfords LLP, Dividends
    Authors:
    Katie Farmer
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Learning from Agent Provocateur: Are ‘pre-pack’ deals worth your while?
    2017-03-15

    This article was first published in Growth Business, and the original article can be found online here.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Katie Farmer
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Ashfords' Cross Border Insolvency Bulletin
    2018-11-23

    SINGAPORE INSOLVENCY, RESTRUCTURING AND DISSOLUTION BILL PASSED 

    On 1 October 2018, The Insolvency, Restructuring and Dissolution Bill was passed in Singapore. 

    This will consolidate personal and corporate insolvency laws into the Insolvency, Restructuring and Dissolution Act, with the Bankruptcy Act to be repealed and the relevant corporate insolvency provisions in the Companies Act being removed. 

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Ashfords LLP, Companies Act
    Authors:
    Alan Bennett , David Pomeroy
    Location:
    Singapore
    Firm:
    Ashfords LLP
    Farmers - beware the risks of insolvency
    2016-12-06

    It is an unfortunate reality that many farming businesses are operating at their limits and are struggling financially. There are several aspects of the insolvency law that should be borne in mind should you run your farm through a limited company that begins to face financial difficulty.

    Directors' Duties

    Directors' duties under the Companies Act:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Olivia Bridger , David Pomeroy
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Mark Graham Tailby and Tyrone Shaun Courtman v Hutchinson Telecom FZCO [2018] EWHC 360 (Ch)
    2018-07-19

    The Facts

    Mr Tailby and Mr Courtman were appointed Administrators over three connected companies: TPS Investments (UK) Ltd; ABC Prop Co Holdings Ltd and CP Investment Holdings Limited. TPS was a property developer and owned a number of properties; two of these were transferred to ABC and one to CP.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Cathryn Kozlowski
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Europa Plus SCA SIF v Anthracite Investments (Ireland) Plc [2016] EWHC 437 (Comm)
    2016-03-30

    The Court interpreted the terms of a Termination Agreement and found that the Applicant, Europa, was entitled to €1.3 million from the Defendant, AII, in relation to funds invested on Europa's behalf, which had been paid out and held by AII. As a matter of construction, it could not have been intended that AII should be left with sums owing to an investor following a Termination Agreement.

    Filed under:
    Cayman Islands, Ireland, Italy, Company & Commercial, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ashfords LLP
    Authors:
    Olivia Bridger
    Location:
    Cayman Islands, Ireland, Italy
    Firm:
    Ashfords LLP

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