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    IBBI Paper: 16 Proposals to Strengthen the Liquidation Process
    2023-10-30

    The changes proposed seek to address the existing issues and safeguard the interests of stakeholders. The comments on the proposals and the draft regulations may be shared by November 10, 2023.

    The sixteen proposals put forward by the Board are as follows: –

    • No verification of prospective bidders

    Filed under:
    India, Compliance Management, Insolvency & Restructuring, Fox Mandal, Liquidation, Due diligence, Liquidator (law), Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India)
    Authors:
    Orijit Chatterjee
    Location:
    India
    Firm:
    Fox Mandal
    Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Second Amendment) Regulations, 2023.
    2023-10-09

    I. INTRODUCTION

    Filed under:
    India, Compliance Management, Insolvency & Restructuring, Parinam Law Associates, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India)
    Location:
    India
    Firm:
    Parinam Law Associates
    California Court Decision Further Scrutinizes the Friendly PC Model - Now What?
    2024-06-24

    From the West Coast Healthcare Deskis an ongoing series of Holland & Knight Healthcare Blog articles and alerts focused on healthcare industry developments and points of interest in the West Coast healthcare marketplace. Holland & Knight's nationally ranked healthcare practice has been focused on healthcare compliance, transactional, reimbursement and operational trends that have often started in California before spreading nationwide – managed care and various capitated and quality-based reimbursement models being the most obvious examples.

    Filed under:
    USA, California, Compliance Management, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Holland & Knight LLP, Private equity, Sexual harassment
    Authors:
    John C. Saran , Kenneth Jonathan Yood , Shalyn Watkins
    Location:
    USA
    Firm:
    Holland & Knight LLP
    England and Wales: overview of restructuring mechanisms and recent developments
    2024-04-11

    Matthew Czyzyk, Natalie Blanc, Natalie Raine and Emily Ma, Ropes & Gray

    This is an extract from the 2024 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

    Filed under:
    United Kingdom, England & Wales, Compliance Management, Insolvency & Restructuring, Litigation, Global Restructuring Review, Corporate governance, Secured creditor, Liquidator (law), Directors' duties, Company voluntary arrangement, Insolvency, HM Revenue and Customs (UK), Companies Act 2006 (UK), Insolvency Act 1986 (UK), Corporate Insolvency and Governance Act 2020, Directive on Preventive Restructuring Frameworks (2019/1023/EU), Insolvency Regulation (1346/2000) (EU)
    Location:
    United Kingdom
    Firm:
    Global Restructuring Review
    Greece: Significant reform to insolvency law
    2024-04-11

    Alexandros Kontogeorgiou and Georgia Papathanasiou, Kontogeorgiou Bakopanou & Associates Law Firm

    This is an extract from the 2024 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

    Filed under:
    Greece, Compliance Management, Insolvency & Restructuring, Litigation, Global Restructuring Review, Transfer pricing, Articles of association, Insolvency, European Commission, Bankruptcy Code (2020/4738) (Greece), Directive on Preventive Restructuring Frameworks (2019/1023/EU)
    Location:
    Greece
    Firm:
    Global Restructuring Review
    Singapore: Court of Appeal sets out test to ascertain when a director must prioritise creditor interests
    2024-04-19

    In brief

    When would the directors of a company be bound to consider the interest of the company's creditors? This was the issue at the heart of the Singapore Court of Appeal's (SGCA) watershed decision in Foo Kian Beng v OP3 International Pte Ltd (in liquidation) [2024] SGCA 10, which comes hot on the heels of the UK Supreme Court's pronouncements on the same issue in BTI 2014 LLC v Sequana SA and others [2022] UKSC 25.

    Filed under:
    Singapore, Company & Commercial, Compliance Management, Insolvency & Restructuring, Litigation, Baker McKenzie, Corporate governance, Singapore High Court
    Authors:
    Nandakumar Ponniya , Emmanuel Chua , Darrell Lee
    Location:
    Singapore
    Firm:
    Baker McKenzie
    New Luxembourg law to preserve businesses and modernize insolvency law - What to expect?
    2023-10-04

    The Law of 7 August 2023 on businesses preservation and modernization of bankruptcy law (the “Law”) will come into force on 1st November 2023. On 19 July 2023, the Luxembourg parliament finally adopted the related draft bill, after more than a decade since the first draft bill (n° 6539) was presented.

    Filed under:
    Luxembourg, Compliance Management, Insolvency & Restructuring, Dentons, Insolvency, European Commission, European Parliament, European Council, Directive on Preventive Restructuring Frameworks (2019/1023/EU)
    Authors:
    Christel Dumont
    Location:
    Luxembourg
    Firm:
    Dentons
    Mid 2023 Delaware Corporate and M&A Law Update
    2023-09-28

    Over the past few months, Delaware courts have continued to address important M&A and corporate issues. Significant corporate law developments have also arisen from state and federal courts in California. Below are some highlights and practical takeaways related to important developments in Delaware law.

    CORPORATE

    Advance Notice Bylaws and Board Action Affecting the Stockholder Franchise.

    Filed under:
    USA, Delaware, Arbitration & ADR, Company & Commercial, Compliance Management, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Delaware Court of Chancery
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Between the lines - a briefing on legal matters of current interest
    2023-09-18

    September, 2023 For Private Circulation - Educational & Informational Purpose Only A BRIEFING ON LEGAL MATTERS OF CURRENT INTEREST KEY HIGHLIGHTS * Bombay High Court: Secured creditor may initiate recovery proceedings against secured asset owned by guarantor even if principal borrower is placed under moratorium. ⁎ Calcutta High Court: Application for removal of arbitrator must be made before the same court as envisaged in Sections 2(i)(e) and 42 of the Arbitration and Conciliation Act, 1996.

    Filed under:
    India, Company & Commercial, Competition & Antitrust, Compliance Management, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Vaish Associates Advocates, Securities and Exchange Board of India, Competition Act 1985 (Canada), Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Location:
    India
    Firm:
    Vaish Associates Advocates
    Trustee Quarterly Update - September 2023
    2023-09-01

    In this Update we take a look at key legal developments for trustees of occupational pension schemes over the past quarter. These include some important cases such as the decision in Virgin Media Limited v NTL Pension Trustees II Limited regarding the consequences of failing to obtain a section 37 certificate, and the decision in British Broadcasting Corporation v BBC Pension Trust Limited regarding whether a reference to members' "interests" in a scheme amendment power included the right to continue to accrue future service benefits.

    Filed under:
    United Kingdom, Compliance Management, Employee Benefits & Pensions, Environment & Climate Change, Insolvency & Restructuring, Litigation, Tax, Addleshaw Goddard LLP, Climate change, HM Revenue and Customs (UK), The Pensions Regulator (UK), BBC, Pensions Ombudsman
    Authors:
    Rachel Uttley , Jade Murray , Catherine McAllister
    Location:
    United Kingdom
    Firm:
    Addleshaw Goddard LLP

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