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    Dexia and European regulators agree on restructuring deal
    2010-02-10

    Last Friday, financial services group Dexia SA announced that it had reached an agreement with the European Commission relating to its restructuring plan. Dexia had previously received approximately €6.4 billion in bailout money from Belgium, France and Luxembourg. Pursuant to the negotiated restructuring plan, Dexia will:

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Alston & Bird LLP, Dividends, Asset management, Liability (financial accounting), Bailout, Balance sheet, European Commission, European Commissioner for Competition
    Authors:
    Sarah Whitlock
    Location:
    European Union
    Firm:
    Alston & Bird LLP
    When is broke broke? A UK Supreme Court perspective
    2013-05-20

    Like many legal tests, the test for insolvency is easy to state, but hard to apply in practice.

    The United Kingdom Supreme Court (UKSC)1 has recently issued an important clarification, which confirms that an element of forwards projection must be applied – extending in extreme cases to assessments of balance-sheet as well as cash-flow solvency.

    This liberal approach is likely to be followed in New Zealand, despite differences in statutory wording.

    Filed under:
    New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Chapman Tripp, Dividends, Debt, Liability (financial accounting), Liquidation, Balance sheet, Cashflow, UK Supreme Court
    Authors:
    Daniel Kalderimis
    Location:
    New Zealand, United Kingdom
    Firm:
    Chapman Tripp
    The liability of shareholders for the tax debts of a company
    2014-05-23

    It has a long been a principle of company law that the debts of a company are not the debts of its shareholders.  It may be a surprise to some that this principle does not apply to certain tax debts thanks to section 181 of the Tax Administration Act No.28 of 2011 (“section 181”). This section allows shareholders to be held jointly or individually liable for the tax debts of their company. At first glance it seems unfair to punish those who do not manage the day-to-day running of a company.

    Filed under:
    South Africa, Company & Commercial, Insolvency & Restructuring, Tax, ENS, Shareholder, Dividends, Debt
    Authors:
    Dr Beric Croome , Warren Radloff
    Location:
    South Africa
    Firm:
    ENS
    Unexpected deletion of STC exemption of liquidation distributions
    2010-10-28

    In terms of section 64B(5)(c) of the Act the following amounts will be exempt when distributed in the course of or in anticipation of the liquidation, winding up, deregistration or final termination of the corporate existence of a company or close corporation, provided that certain steps are taken within 18 months from the date of the liquidation distribution, namely;

    Filed under:
    South Africa, Insolvency & Restructuring, Tax, ENS, Tax exemption, Dividends, Budget, Liquidation, Bénéfice, Constitutional amendment, Article V US Constitution
    Authors:
    Beric John Croome , Janel Strauss
    Location:
    South Africa
    Firm:
    ENS
    Significant proposals to amend Canada’s foreign affiliate tax rules
    2011-08-22

    On August 19, 2011, the Federal Minister of Finance released a significant package of proposed amendments to Canada’s income tax rules applicable to Canadian multinational corporations with foreign affiliates (the Proposals).  The Proposals apply to most distributions from, and reorganizations of, foreign subsidiaries of Canadian corporations and contain new rules applicable to certain loans received from foreign subsidiaries that remain outstanding for at least two years, among other significant changes.  In addition to certain important new measures, the Proposals replace numero

    Filed under:
    Canada, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Tax, Osler Hoskin & Harcourt LLP, Share (finance), Tax exemption, Shareholder, Dividends, Foreign exchange market, Income tax, Liquidation, Tax deduction, Subsidiary, Federal Ministry of Finance (Germany), Department of Finance Canada, Constitutional amendment
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Declared but unpaid dividends: out in the cold with the other equity claims
    2011-05-09

    Although originating from equity, declared but unpaid dividends have historically been treated as debt claims by courts in proceedings under the Companies’ Creditors Arrangement Act (CCAA).1 Following the coming into force of the CCAA amendments in September 2009, a fresh look at the characterization of claims as debt or equity is being undertaken.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, McMillan LLP, Shareholder, Credit (finance), Fraud, Dividends, Interest, Debt, Negligence, Preferred stock, Ontario Superior Court of Justice
    Authors:
    Waël Rostom
    Location:
    Canada
    Firm:
    McMillan LLP
    Credit bids under the CCAA
    2010-12-22

    Case Comment - Re White Birch Paper Holding Co.

    The purchase of an insolvent company’s assets by way of a credit bid has recently garnered attention, primarily because of the use of a credit bid in the Canwest Publishing Group restructuring. This past September the issue was again addressed under the Companies’ Creditors Arrangement Act (“CCAA”), this time by the Quebec Superior Court in the restructuring of White Birch Paper Holding Co. (“WBP”). The Court reaffirmed the acceptance of credit bids by Canadian courts.

    Filed under:
    Canada, Quebec, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Credit (finance), Debtor, Unsecured debt, Collateral (finance), Dividends, Debt, Fair market value, Secured creditor, Secured loan, Companies' Creditors Arrangement Act 1933 (Canada), Quebec Superior Court
    Authors:
    Michael Casey
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    The best defence is…a good defence
    2010-06-30

    Ontario Court Stays Retaliatory Action brought against Bank

    Financial institutions seeking to enforce a debt or guarantee through bankruptcy or other court proceedings are sometimes faced with meritless retaliatory court actions brought by debtors attempting to frustrate or further delay payment. In general, Ontario courts will not compel parties to litigate the same dispute on multiple fronts. Instead, one proceeding will be temporarily stayed pending resolution of the other where the same core issues are raised in both.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, McMillan LLP, Bankruptcy, Credit (finance), Surety, Debtor, Breach of contract, Dividends, Accounts receivable, Debt, Prejudice, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    McMillan LLP
    Court affirms priority entitlement of Canadian creditors to post-liquidation interest from Canadian branch of foreign insurance company
    2009-09-02

    On July 14, 2009, the Ontario Superior Court of Justice released its decision in Canada (Attorney General) v. Reliance Insurance Company, an application regarding the allocation of surplus arising from the liquidation of the Canadian branch (Reliance Canada) of U.S.-based Reliance Insurance Company (Reliance U.S.), a property and casualty insurer that was itself in liquidation.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Insurance, Litigation, Stikeman Elliott LLP, Dividends, Interest, Reinsurance, Liquidation, Substantive law, Liquidator (law), Office of the Superintendent of Financial Institutions (Canada), KPMG, Minister of Justice (Canada), Ontario Superior Court of Justice, Commonwealth Court of Pennsylvania
    Authors:
    Stuart S. Carruthers , Elizabeth Pillon
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    Financial files: don't forget about the bankrupts
    2009-09-04

    Often, when creditors start to take action against a debtor, the debtor will seek relief through the Bankruptcy and Insolvency Act(i). Some Trustees in bankruptcy even advertise that the bankruptcy process can be an important step on the road to “financial well being”. Creditors, upon receiving notice of their Debtor’s bankruptcy, may feel that the chance of any recovery all but disappears with the assignment into bankruptcy.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Share (finance), Bankruptcy, Debtor, Dividends, Statute of limitations, Debt, Default (finance), Bankruptcy discharge, Pro rata, Bankruptcy and Insolvency Act 1985 (Canada), Trustee
    Authors:
    Nicole T Taylor Smith
    Location:
    Canada
    Firm:
    Miller Thomson LLP

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