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    Singapore enacts key restructuring law reforms
    2017-03-16

    The Singapore Government has just passed the Companies (Amendment) Bill 13/2017 (the Bill), which contains major changes to Singapore’s restructuring and insolvency laws. As planned, these changes are expected to come into effect at the latest by the second quarter of 2017,1 and will be a major shake-up to the restructuring landscape of the region.

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Herbert Smith Freehills LLP, Debt restructuring
    Authors:
    Paul Apáthy , Emmanuel Chua
    Location:
    Singapore
    Firm:
    Herbert Smith Freehills LLP
    Court of Appeal upholds strict interpretation of the “Duomatic” principle, which allows informal shareholder approval of company decisions
    2019-12-16

    In a recent decision, the Court of Appeal reconfirmed that the Duomatic principle can only apply where all shareholders have approved the relevant act of the company. It is not enough that a relevant individual would have approved the act had they known about it: Dickinson v NAL Realisations (Staffordshire) Ltd [2019] EWCA CIV 2146.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Board of directors, Companies Act 2006 (UK)
    Authors:
    Natasha Johnson , Andrew Cooke
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    General Counsel Update - February 2017
    2017-03-01

    When we began analysing in depth the possibility of Britain exiting the European Union, 18 months prior to the June 2016 referendum, the HERBERT businessSMITH FREEHILLS consensus w07as very muchSECTION TITLE that Brexit was a remote prospect that either would never happen or not matter.

    Fast forward just over two years and the reality could not be more different. In this updated edition of our Brexit legal guide, we take stock of the present situation, summarising the key developments since last year's vote and what is to be expected in the months ahead. 10 33 99

    Filed under:
    Australia, China, European Union, Hong Kong, Indonesia, Singapore, United Arab Emirates, United Kingdom, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, Planning, Public, Tax, Telecoms, Herbert Smith Freehills LLP, Brexit, Breach of contract, Reinsurance, Duty of care, Defined benefit pension plan, European Commission, Securities and Futures Commission (Hong Kong)
    Location:
    Australia, China, European Union, Hong Kong, Indonesia, Singapore, United Arab Emirates, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Re-Assessing Directors' Liability for Unlawful Dividends
    2019-10-07

    Revisiting over 150 years of case law, the High Court has resolved a question on which both the courts and textbooks had given conflicting answers: is a director's liability for payment of a dividend which is unlawful as a result of incorrect accounts fault-based or strict?

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Companies Act 2006 (UK), Insolvency Act 1986 (UK)
    Authors:
    John Whiteoak , Natasha Johnson , Andrew Cooke
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    BREXIT: charting a new course
    2017-02-21

    If 2016 ended with more questions than answers as to how Brexit would take shape, 2017 began with at least a little more clarity.

    Filed under:
    European Union, Global, OECD, United Kingdom, USA, Arbitration & ADR, Aviation, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Immigration, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Public, Real Estate, Tax, Telecoms, Herbert Smith Freehills LLP, Brexit, Internal market, EEA, UK Supreme Court
    Location:
    European Union, Global, OECD, United Kingdom, USA
    Firm:
    Herbert Smith Freehills LLP
    Hong Kong Court issues letter of request under Mainland-Hong Kong arrangement for mutual recognition of insolvency in respect of Cayman-incorporated company
    2022-04-07

    In a further development to cross-border insolvency cooperation between Hong Kong and Mainland China, the Hong Kong Court has issued a letter of request to a Mainland Court requesting recognition and assistance of Hong Kong liquidators appointed over a Cayman company, under the mutual recognition arrangement introduced on 14 May 2021 (the “Arrangement“, see our previous update here

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Gareth Thomas , Peter Ng
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Classic cross-border cooperation: joint court hearings in the Halifax insolvency
    2019-09-06

    On 22 August 2019, the Federal Court of Australia (FCA) held that it could make a request to the New Zealand High Court (NZHC) that there be a joint hearing of those courts in respect of applications relating to the pooling of various funds held by companies subject to Australian and New Zealand liquidations, respectively.

    Such a ‘letter of request’ could be issued by the FCA to a foreign court in the context of an Australian insolvency process pursuant to section 581 of the Corporations Act 2001 (Cth) (Corporations Act).

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Corporations Act 2001 (Australia), UNCITRAL, Federal Court of Australia
    Authors:
    Paul Apáthy
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Australian Construction Dispute resolution Newsletter - October 2016
    2016-10-14

    Welcome to this issue of Herbert Smith Freehills' Australian Construction Dispute Resolution Newsletter.

    This newsletter updates you on legal developments relevant to your industry by featuring Australian court decisions and legislative developments of particular interest.

    In this issue, we look at:

    Filed under:
    Australia, Arbitration & ADR, Company & Commercial, Construction, Insolvency & Restructuring, Herbert Smith Freehills LLP, Credit card, Dispute resolution, Liquidated damages, High Court of Australia
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Commercial rent arrears - know your options
    2022-01-21
    • Commercial rent arrears continue to accumulate as a result of the pandemic, such that arrears are estimated to reach £9 billion by March 2022 and comprise a much larger slice of the typical debt stack than they did pre-pandemic.
    • The UK government has proposed a binding arbitration scheme to help resolve the arrears and further extend the existing protections from enforcement and insolvency procedures that
    Filed under:
    United Kingdom, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Real Estate, Reed Smith LLP, Coronavirus, Commercial tenant
    Authors:
    Colin Cochrane
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    UK Government extends the moratorium on commencing winding-up proceedings until 30 June 2021
    2021-03-24

    In addition to the extension to the commercial eviction ban until 30 June 2021, the UK Government has now also extended the moratorium on commencing winding-up proceedings until 30 June 2021.

    You may view the regulation from the UK Government at gov.uk.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Reed Smith LLP
    Authors:
    Katherine A. Campbell
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP

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