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    Versorgungsansprüche beim Unternehmenskauf: Haftungserleichterung bei Insolvenz
    2021-04-22

    Die Erwerberhaftung im Grundsatz

    Filed under:
    European Union, Germany, Employee Benefits & Pensions, Employment & Labor, Insolvency & Restructuring, Litigation, vangard | Littler, Court of Justice of the European Union
    Location:
    European Union, Germany
    Firm:
    vangard | Littler
    Pension claims in the purchase of a company: liability relief in the event of insolvency
    2021-04-22

    The principle of acquirer's liability

    Filed under:
    European Union, Germany, Employee Benefits & Pensions, Employment & Labor, Insolvency & Restructuring, Litigation, vangard | Littler, Court of Justice of the European Union
    Location:
    European Union, Germany
    Firm:
    vangard | Littler
    Restructuring pension liabilities: the PPF's position
    2021-04-22

    The Pension Protection Fund’s (PPF) restructuring and insolvency team has issued interim guidance on its approach to the new moratorium and restructuring plan (RP) provisions that came into force in the UK in 2020.

    The PPF has statutory step in rights, meaning it can vote on certain aspects of both the moratorium and RPs to the exclusion of scheme trustees. This guidance represents the PPF’s take on use of RPs and what they expect to see.  However this is only the PPF’s position – this article looks to critically evaluate whether the guidance is tenable. 

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, TLT LLP
    Authors:
    Richard Clark
    Location:
    United Kingdom
    Firm:
    TLT LLP
    Company Top Guns may face HMRC investigation
    2021-04-01

    HMRC clamping down on furlough fraud by companies in Danger Zone

    The latest statistics show that over 11 million workers have been furloughed in the UK as part of the government's job retention scheme (that equates to 16% of the population or one in six people) and 41% of employers had staff furloughed. The scheme has so far cost the government over £40 billion and this figure will continue to rise until the end of September this year when the scheme is set to wind down.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Tax, RPC, HM Revenue and Customs (UK)
    Authors:
    James Wickes , Alison Clarke
    Location:
    United Kingdom
    Firm:
    RPC
    Assessing Your Business Viability and Director Risk Guide
    2021-04-01

    Will your business be financially viable at the end of lockdown? What challenges does 2021 pose? What are the next steps

    Filed under:
    European Union, United Kingdom, Company & Commercial, Employee Benefits & Pensions, Healthcare & Life Sciences, Insolvency & Restructuring, Public, Tax, Squire Patton Boggs, Brexit, Supply chain, Force majeure, Coronavirus, HM Revenue and Customs (UK)
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Draft UK Pensions Regulator guidance on new criminal offences: impact for restructurings
    2021-03-24

    The Pensions Regulator (TPR) recently issued its draft guidance on its approach to investigating and prosecuting the new criminal offences under the Pension Schemes Act 2021. In this blog post, we share our thoughts on the level of comfort that might be gleaned in relation to criminal risk if the draft guidance were finalised in its current form, focusing on the particular concerns that would remain for restructuring activity.

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, The Pensions Regulator (UK)
    Authors:
    Dawn Heath , Catherine Balmond , Ali Sallaway
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    Bankruptcy & Pensions Revisited: The O’Neill Judgment
    2021-03-16

    Mr. O’Neill held a Buy-Out-Bond (BOB) with a pension provider. The retirement options were standard for such a product; allowing for the purchase of annuity, or investment in an Approved Retirement Fund (ARF) or Approved (Minimum) Retirement Fund (AMRF) as well as providing for taxable and non-taxable lump sum entitlements. Mr. O’Neill denied any entitlement of his official assignee (OA) in bankruptcy in exercising the retirement options provided by his pension where a Bankruptcy Payment Order (BPO) pursuant to s85 of the Bankruptcy Act 1988 (Act) had not been obtained.

    Filed under:
    Ireland, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP
    Authors:
    Stephen Gillick , Patrick O’Connor
    Location:
    Ireland
    Firm:
    Mason Hayes & Curran LLP
    Taking the Fifth in a Civil Context
    2021-03-11

    In civil disputes — including bankruptcy litigation — it is not uncommon for questions to arise about a client’s potential exposure to criminal liability, whether the client is a party or a witness. Civil litigators must therefore understand the role of the Fifth Amendment privilege against self-incrimination in the civil context.

    Filed under:
    USA, California, Oregon, Washington, Capital Markets, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Lane Powell PC, Employee Retirement Income Security Act 1974 (USA), US Securities and Exchange Commission
    Authors:
    Taylor Washburn
    Location:
    USA
    Firm:
    Lane Powell PC
    The Corporate Insolvency and Governance Act 2020 - PPF guidance on restructuring plans
    2021-03-05

    The Corporate Insolvency and Governance Act 2020 (the Act) introduced significant changes to insolvency law, including permitting companies to propose a “restructuring plan”. The restructuring plan offers a flexible option for companies that sponsor defined benefit pension schemes to compromise their obligations to creditors and, potentially, to the pension scheme itself.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Freshfields Bruckhaus Deringer
    Authors:
    Dawn Heath , Lindsay Hingston , Katharina Crinson , Samuel Taylor
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    Changes in 2021 for the UK Restructuring and Insolvency Market - Part 3
    2021-03-01

    In the final part of our predictions for 2021 for the UK insolvency market we look at pensions, the National Security and Investment Bill and cross border matters.

    Filed under:
    European Union, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Public, Squire Patton Boggs, Brexit, Coronavirus, National Security and Investment Bill 2020 (UK)
    Authors:
    Rachael Markham
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs

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