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    Thanakharn Kasikorn Thai Chamkat (Mahachon) v Akai Holdings Ltd (in liquidation)
    2011-04-29

    Where a company purported to enter into a loan and security transaction with a bank where the transaction displayed clear issues of conflict of interest issues in relation to the company's CEO, held that the bank could not assert that the CEO had apparent authority to enter into the transaction.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, WongPartnership LLP, Conflict of interest, Interest, Liquidation, Chief executive officer
    Location:
    Hong Kong
    Firm:
    WongPartnership LLP
    Insolvency and Bankruptcy Board of India (board) passes order disallowing employee from registering as an insolvency professional
    2017-03-17

    Background

    The Board constituted under the chairmanship of Mr MS Sahoo has recently rejected an application for registration as an insolvency professional (IP) under regulation 7 of the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016 (IP Regulations) through its first regulatory order.

    Factual Matrix

    Filed under:
    India, Insolvency & Restructuring, Khaitan & Co, Conflict of interest, Board of directors, Code of conduct
    Authors:
    Ashwin Bishnoi , Aayushi Anand , Tarang Shashishekar
    Location:
    India
    Firm:
    Khaitan & Co
    Application by Quinn family to remove court appointed receivers and their legal advisors
    2012-12-19

    An application by Quinn family members to have court-appointed receivers removed and their solicitors discharged on the basis of an alleged conflict of interest and partiality has been dismissed by the Commercial Court.

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, William Fry, Conflict of interest
    Authors:
    Craig Sowman
    Location:
    Ireland
    Firm:
    William Fry
    The liability of non-executive directors and the duty to act in an informed way
    2017-04-28

    According to decision no. 17441, of 31 August 2016, of the First Division of the Supreme Civil Court, the liability of directors without management power cannot originate from a general failure to supervise – that would be identified in the facts as a strict liability – but must be attributed to the breach of the duty to act in an informed way, on the basis of both information to be released by executive directors and information that non-executive directors can gather on their own initiative.

    Filed under:
    Italy, Company & Commercial, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Conflict of interest, Share (finance), Shareholder, Board of directors, Non-executive director
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Just and equitable winding up in Jersey - the most appropriate remedy?
    2010-01-30

    Introduction

    Filed under:
    Jersey, Insolvency & Restructuring, Litigation, Ogier, Conflict of interest, Fiduciary, Option (finance), Liability (financial accounting), Liquidation, Balance sheet, Cashflow, Liquidator (law), Misappropriation
    Authors:
    Edward Mackereth
    Location:
    Jersey
    Firm:
    Ogier
    Mexico: The responsibility of the administrators of the companies in a Mercantile competition
    2017-02-16

    The Mexican insolvency and bankruptcy law (“Ley de Concursos Mercantiles” or “LCM“) that came into effect on May 12, 2000, abrogated the Mexican Bankruptcy and Suspension of Payments Law. One of the stated purposes of the LCM was to mitigate the impact that globalization and the free market had on Mexican corporations, especially after ratification of the North American Free Trade Agreement in 1994. The LCM, therefore, seeks to preserve businesses facing a general default on the payment of their obligations and thereby preserve jobs in Mexico.

    Filed under:
    Mexico, Insolvency & Restructuring, Baker McKenzie, Conflict of interest, Bankruptcy, Shareholder
    Authors:
    Javier L. Navarro-Velasco
    Location:
    Mexico
    Firm:
    Baker McKenzie
    Het belanghebbendebegrip als toegangsvraagstuk: Conclusie raadsheer A-G over ‘afgeleid belang’
    2018-11-23

    In zijn conclusie van 7 november 2018 formuleert raadsheer advocaat-generaal Widdershoven vijf vuistregels die richtinggevend zouden moeten zijn bij het leerstuk van ‘afgeleid belang’ in het kader van het belanghebbendebegrip in de Algemene wet bestuursrecht (art. 1:2 lid 1 Awb).

    Belanghebbendebegrip en afgeleid belang

    Filed under:
    Netherlands, Company & Commercial, Derivatives, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, Stibbe, Conflict of interest, Stakeholder (corporate)
    Authors:
    Jan Reinier van Angeren , Niels Jak
    Location:
    Netherlands
    Firm:
    Stibbe
    Guilty but unaware? Potential criminal and civil sanctions in the UAE against directors of companies in financial difficulties
    2010-11-16

    In our October 2010 edition of Middle East Exchange, we looked at the general duties which directors and managers of UAE companies owe to their companies and their shareholders. In this edition, we consider the position where the company's financial position deteriorates. As directors or managers struggle with the inevitable commercial and operational pressures, what additional legal responsibilities and potential liabilities does UAE law place upon them?

    Filed under:
    United Arab Emirates, Company & Commercial, Insolvency & Restructuring, Herbert Smith Freehills LLP, Conflict of interest, Bankruptcy, Shareholder, Board of directors, Market liquidity, Liability (financial accounting), Good faith, Misdemeanor, Cashflow, Articles of association, Annual general meeting, Diversification (finance)
    Authors:
    James Robinson , David Laurence
    Location:
    United Arab Emirates
    Firm:
    Herbert Smith Freehills LLP
    Pre-packaged sales in administration in the United Kingdom
    2009-06-30

    A pre-packaged business sale (or “pre-pack”) is an arrangement under which the sale of a company’s business or assets is agreed in principle with a buyer prior to the appointment of an insolvency practitioner (most commonly an administrator), who then executes the sale shortly after his or her appointment.

    Filed under:
    United Kingdom, Insolvency & Restructuring, McDermott Will & Emery, Conflict of interest, Unsecured debt, Debt, Precondition, HM Revenue and Customs (UK), UK House of Commons, Insolvency Act 1986 (UK), Enterprise Act 2002 (UK), High Court of Justice (England & Wales)
    Authors:
    Rosa M Sanchez
    Location:
    United Kingdom
    Firm:
    McDermott Will & Emery
    The Pensions Regulator appoints an independent trustee to protect a pension scheme in a proposed pre-packaged administration sale
    2009-04-30

    The Pensions Regulator (the Regulator) recently used its powers under the Pensions Act 1995 to appoint an independent trustee to the exclusion of all other trustees of the scheme. The employer was required to pay the fees and expenses relating to the appointment.

    The Regulator decided to use its powers because:

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Conflict of interest, Wage, Interest, Liability (financial accounting), The Pensions Regulator (UK), Pension Protection Fund, Pensions Act 1995 (UK), Trustee
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer

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