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    Supreme Court settles the law on ‘Certified copies’ for filing appeal against NCLT Orders
    2024-10-30

    Recently, in State Bank of India v. India Power Corporation Ltd., Civil Appeal 10424 of 2024, the Hon’ble Supreme Court adjudicated upon the issue of certified copy of Order that is filed along with the appeal. 

    The Hon’ble Supreme Court analysed several provisions of NCLT Rules and NCLAT Rules and held as follows:

    i) Both the certified copy submitted free of cost as well as the certified copy which is made available on payment of cost are treated as “certified copies” for the purpose of Rule 50 of NCLT Rules.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Due diligence, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Madhav Kanoria , Surabhi Khattar
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    Key Characteristics of Distressed M&A in Malaysia
    2024-10-16

    A distressed merger and acquisition (“M&A”) is essentially a sub-category of a conventional M&A, which involves sales of shares or assets of companies that are in financial turmoil and these companies are being placed under administration, receivership and/or liquidation. Due to the unprecedented Covid-19 pandemic, distressed M&A transactions have become more common in recent years with companies in financial and operational distress looking to dispose of their assets to better manage high illiquidity as well as reducing over-indebtedness risk.

    Filed under:
    Malaysia, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Adnan Sundra & Low, Liquidation, Due diligence, Receivership
    Authors:
    Putri Norlisa Najib , Chioh Jia Chiam
    Location:
    Malaysia
    Firm:
    Adnan Sundra & Low
    BHS: what the landmark judgments mean for the directors of distressed businesses
    2024-09-11

    We examine the findings of the High Court’s decisions and discuss the lessons which directors of distressed businesses should take from them

    The collapse of BHS in April 2016 remains one of the most extraordinary corporate failures in recent memory. Eight years on from the commencement of insolvency proceedings, and following a lengthy trial, the High Court has issued an expansive judgment on claims brought by the joint liquidators of four companies in the group against two former directors.

    Factual background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Burges Salmon LLP, Due diligence, Companies Act 2006 (UK)
    Authors:
    Emily Scaife
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    UK construction insolvency: Protecting your interests
    2024-09-11

    Construction insolvency is not a new problem. With the continued presence of fixed price contracts, in an industry which has always been troubled with cash flow problems and low profit margins, coupled with persistent cost inflation and labour and materials issues affecting the supply chain, it is no surprise that we continue to see insolvencies. The question is, what can you do to protect yourself from insolvency?

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, DLA Piper, Supply chain, Due diligence, Insolvency, Corporate Insolvency and Governance Act 2020
    Authors:
    Rachel Chaplin , Daniel Warren
    Location:
    United Kingdom
    Firm:
    DLA Piper
    How the Automatic Stay in Bankruptcy Can Affect Net Asset Value Facilities
    2024-09-10

    Executive Summary

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Due diligence, Net asset value, United States bankruptcy court
    Authors:
    Sean T. Scott , Ryan M. Michalko , Kiel A. Bowen
    Location:
    USA
    Firm:
    Mayer Brown
    An updated look at Singapore’s DIP financing regime
    2024-08-15

    Pierre Dzakpasu, Anne Jesudason and Florence W Y Li, Mayer Brown

    This is an extract from the 2025 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.

    Filed under:
    Singapore, Insolvency & Restructuring, Global Restructuring Review, Due diligence, Insolvency, HSBC, Insolvency, Restructuring and Dissolution Act 2018 (Singapore)
    Location:
    Singapore
    Firm:
    Global Restructuring Review
    Legalaxy Monthly Newsletter- August, 2024
    2024-08-12

    MONTHLY NEWSLETTER SERIES AUGUST, 2024 | VOL. XV VAISH ASSOCIATES ADVOCATES LEGALAXY WWW.VAISHLAW.COM LEGAL MAXIM Volenti Non Fit Injuria: “No wrong is done to one who consents.” MONTHLY NEWSLETTER SERIES AUGUST, 2024 | VOL.

    Filed under:
    India, Banking, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Vaish Associates Advocates, Venture capital, Due diligence, Cybersecurity, Reserve Bank of India, Ministry of Corporate Affairs, Securities and Exchange Board of India, Ministry of Finance, Insolvency and Bankruptcy Code (India)
    Location:
    India
    Firm:
    Vaish Associates Advocates
    Russia sanctions: the meaning of control and applicability to trustees in bankruptcy and directors' duties
    2024-08-29

    It is essential that any UK individual or entity doing business, managing funds/other economic resources, or providing financing or professional services, keeps abreast of the current UK Russian sanctions regime, which is chiefly set out in the Russia (Sanctions) (EU Exit) Regulations 2019 (the "Regulations"). The question of how the Regulations might apply to those with fiduciary duties – either as trustees or as directors – has been considered in two recent High Court cases.

    Filed under:
    Russia, United Kingdom, Compliance Management, Insolvency & Restructuring, Litigation, Tax, Trade & Customs, Mishcon de Reya LLP, Corporate governance, Due diligence, HM Revenue and Customs (UK), Office of Financial Sanctions Implementation (UK)
    Authors:
    Maggie Christiansen , Lily Munro , Shaistah Akhtar
    Location:
    Russia, United Kingdom
    Firm:
    Mishcon de Reya LLP
    No surprises: preparing for an exit
    2024-08-27

    Preparing a business for an exit can be a complex and time-consuming task.

    Filed under:
    Australia, Banking, Capital Markets, Company & Commercial, Compliance Management, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Insolvency & Restructuring, Patents, Real Estate, Trademarks, Hall & Wilcox, Due diligence
    Authors:
    Steve Johns , Suzie Leask , Eliza Unger
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Certain Key Details to be Verified before Record of Default is Issued
    2024-08-19

    The amendments recently notified to the Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017, require the information utility to verify key details such as the e-mail address of the debtor, the document showing proof of debt, etc. before issuance of record of default.

    Filed under:
    India, Insolvency & Restructuring, Fox Mandal, Due diligence, Insolvency, Insolvency and Bankruptcy Board of India
    Location:
    India
    Firm:
    Fox Mandal

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