Legal proceedings were initiated in front of the Luxembourg district court by a public limited liability company (société anonyme), seeking the deletion of bankruptcy filings made with the Luxembourg Trade and Companies Register (hereinafter "RCSL"). The company had been declared bankrupt by judgment of the Luxembourg district court and such court decision had been filed and published with the RCSL.

The Grand Court of the Cayman Islands has provided further helpful guidance to insolvency practitioners as to the circumstances in which leave will be granted to commence or continue proceedings against a company in liquidation. Adenium Energy Capital Limited (in official liquidation) (Adenium) is the latest in a line of cases in the Cayman Islands in which leave has been sought to commence proceedings under s 97(1) of the Companies Act against a Cayman Islands-incorporated company in liquidation.

Family law processes cannot be used to defraud creditors. In Re ZH International Pty Ltd (in liq), the Supreme Court of New South Wales held that transfers of property from a company to the directors and shareholders of that company as part of family law proceedings were voidable transactions under section 588FF of the Corporations Act 2001 (Cth) where the company was not a party to the orders and the orders did not require the company to make the transfers.

Background

Introduction

Petersen v.

The Corporations Act is slowly catching up to modern technology.

Aviation 3030 Pty Ltd (in liq) v Lao, in the matter of Aviation 3030 Pty Ltd (in liq) [2022] FCA 458

Can the remedies available for an unreasonable director-related transaction under section 588FDA of the Corporations Act 2001 (Cth) (Act) be awarded in the case of a solvent company? This was the key legal question in the recent case of Aviation 3030 Pty Ltd (in liq) v Lao, in the matter of Aviation 3030 Pty Ltd (in liq) [2022] FCA 458. Ultimately, Justice Anastassiou answered this question in the affirmative.

一、引言

南财集团旗下 21 世纪资管研究院通过 wind 等公开渠道对债券违约情况进 行了统计。2020 年，中资美元债违约金额 104.19 亿美元，涉及违约只数 32 只， 首次违约主体 15 家；2021 年是中资美元债券集中爆发的一年，违约金额合计 274.36 亿美元，同比大幅增长 163%，折合人民币约 1740 亿元（按照 1 月 20 日汇率 6.34 计算），涉及违约债券 63 只，首次违约主体 14 家。其中，房地产 企业占据了中资美元债违约的绝大部分，2021 年房企违约金额 244.78 亿美元， 占比 90%；涉及违约债券 55 只，占比 87%。

2021 年下半年以来，重庆协信，中国泛海控股，华夏幸福，苏宁电气，蓝 光发展、新力地产、南通三建、阳光城集团、花样年、佳兆业、恒大、当代置业、 启迪科技、阳光 100、新华联、祥生控股、奥园均跨入了海外债务违约的阵营。

The new company law, which will come into force on January 1, 2023, provides for numerous adjustments and innovations regarding capital loss, over-indebtedness and (in)solvency. In this article of our blog series on the new company law, we shed light on what will have to be taken into account.

Monitoring liquidity

Claims against directors for unsuccessful tax avoidance schemes when their company enters into insolvency is not a new phenomenon, but a very recent case introduces a new potential defence for directors, as our Insolvency and Corporate Recovery specialist Tony Sampson explains.

Why would HMRC challenge a scheme?