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    The entry into force of the Crisis and Insolvency Code
    2022-09-13

    After a postponement of almost two years from the originally scheduled date (August 15, 2020) for its entry into force - mainly caused by the crisis caused by the pandemic emergency - on July 15, 2022, the Code of Corporate Crisis and Insolvency (or "CCII") set forth in Legislative Decree 14/2019, as most recently amended by Legislative Decree No. 83 of June 17, 2022, containing a final set of changes and important innovations, finally entered into force.

    Filed under:
    European Union, Italy, Insolvency & Restructuring, CMS Italy
    Authors:
    Mauro Battistella , Elena Cini
    Location:
    European Union, Italy
    Firm:
    CMS Italy
    L’entrata in vigore del Codice della crisi d’impresa e dell’insolvenza
    2022-09-13

    Dopo uno slittamento di quasi due anni dalla data originariamente prevista (15 agosto 2020) per la sua entrata in vigore - principalmente causato dalla crisi provocata dall’emergenza pandemica - il 15 luglio 2022 è definitivamente entrato in vigore il Codice della Crisi di Impresa e dell’Insolvenza (o “CCII”) di cui al DLgs. 14/2019, così come da ultimo modificato dal DLgs. 17 giugno 2022 n. 83 contenente una ultima serie di modifiche ed importanti novità.

    Filed under:
    European Union, Italy, Insolvency & Restructuring, CMS Italy
    Authors:
    Mauro Battistella , Elena Cini
    Location:
    European Union, Italy
    Firm:
    CMS Italy
    The European Union (Preventive Restructuring) Regulations 2022 - amendments to examinership process
    2022-09-09

    In July 2022 the European Union (Preventive Restructuring) Regulations 2022 (the Regulations) were signed by the Minister for Enterprise, Trade and Employment.

    Filed under:
    European Union, Ireland, Insolvency & Restructuring, Beauchamps, Insolvency
    Authors:
    Simon Murphy
    Location:
    European Union, Ireland
    Firm:
    Beauchamps
    Commission Confirms Ireland's Participation in Regulation Amending EIR Recast Annexes
    2022-09-08

    In a William Fry article published earlier this year, we discussed the Irish government's approval to opt-in to a regulation amending Annexes A and B to the European Insolvency Regulation 2015/848 (EIR Recast) regarding the recognition of insolvency processes recently introduced in other EU Member States.

    Filed under:
    European Union, Ireland, Insolvency & Restructuring, William Fry, Insolvency, European Commission
    Authors:
    Ruairi Rynn , Fergus Doorly , Craig Sowman , Gail Nohilly
    Location:
    European Union, Ireland
    Firm:
    William Fry
    EU Directive on restructuring signed into Irish Law
    2022-08-18

    On the 29th July 2022, the European Union (Preventive Restructuring) Regulations 2022 (the ‘Regulations’) were signed into law by the Minister for Enterprise, Trade and Employment.

    On the 29th July 2022, the European Union (Preventive Restructuring) Regulations 2022 (the ‘Regulations’) were signed into law by the Minister for Enterprise, Trade and Employment.

    Filed under:
    European Union, Ireland, Insolvency & Restructuring, Lavelle Partners LLP, Insolvency
    Authors:
    Dermot McClean
    Location:
    European Union, Ireland
    Firm:
    Lavelle Partners LLP
    Directors’ duties: new statutory duties to have regard to the interests of creditors
    2022-08-11

    The European Union (Preventive Restructuring) Regulations 2022 have amended the Companies Act 2014 so as to require for the first time in statute that directors of companies unable, or likely to be unable, to pay their debts, must have regard to the interests of creditors.

    Filed under:
    European Union, Ireland, United Kingdom, Company & Commercial, Insolvency & Restructuring, Arthur Cox LLP, Insolvency
    Authors:
    Dr Thomas B Courtney , Suzanne Kearney , Daibhi-OLeary
    Location:
    European Union, Ireland, United Kingdom
    Firm:
    Arthur Cox LLP
    Reforms to Malta’s Insolvency Laws
    2022-08-05

    Just before going into summer recess Maltese Parliament held the first reading of three Acts which, once adopted, are bound to start changing the Maltese insolvency law landscape. These Acts will be amending the Commercial Code and will be introducing a new Insolvency Practitioners Act and a Pre-Restructuring Act.

    Filed under:
    European Union, Malta, Insolvency & Restructuring, Ganado Advocates, UNCITRAL, European Parliament
    Authors:
    George Bugeja , Luisa Cassar Pullicino
    Location:
    European Union, Malta
    Firm:
    Ganado Advocates
    UK Financial Services and Markets Bills 2022
    2022-08-02

    The recently published Financial Services and Markets Bill (FSM Bill) is intended to recast the U.K.’s regulatory architecture post-Brexit. It was introduced to Parliament on 20 July 2022. The Bill implements the outcomes of the Future Regulatory Framework Review, which assessed whether the U.K.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Public, White Collar Crime, A&O Shearman, Corporate governance, Brexit, Bitcoin, Climate change, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, MiFID, Financial Services and Markets Act 2000 (UK), Markets in Financial Instruments Regulation (2014/600/EU)
    Authors:
    Barnabas (Barney) Reynolds , Thomas Donegan , Alexander Wood , Simon Dodds , Michael Scargill , Tom McKay , Wilf Odgers , Olivia Merrett , Chloe Barrowman , Sandy Collins
    Location:
    European Union, United Kingdom
    Firm:
    A&O Shearman
    UK financial services and markets bill 2022
    2022-08-01

    The recently published Financial Services and Markets Bill (FSM Bill) is intended to recast the U.K.’s regulatory architecture post-Brexit. It was introduced to Parliament on 20 July 2022. The Bill implements the outcomes of the Future Regulatory Framework Review, which assessed whether the U.K.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Public, White Collar Crime, A&O Shearman, Corporate governance, Brexit, Bitcoin, Climate change, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, MiFID, Financial Services and Markets Act 2000 (UK), Markets in Financial Instruments Regulation (2014/600/EU)
    Authors:
    Barnabas (Barney) Reynolds , Thomas Donegan , Alexander Wood , Simon Dodds , Michael Scargill , Tom McKay , Wilf Odgers , Olivia Merrett , Chloe Barrowman , Sandy Collins
    Location:
    European Union, United Kingdom
    Firm:
    A&O Shearman
    New Swedish Restructuring Act
    2022-08-01

    Effective from 1 August 2022, a new Restructuring Act (Sw. lag om företagsrekonstruktion), which implements the EU Directive on restructuring and insolvency (the "Restructuring Directive"), comes into force in Sweden. As further explained below, the aim of the new Restructuring Act is to improve the Swedish restructuring regime by introducing a number of new features previously unknown to Swedish law.

    Filed under:
    European Union, Sweden, Insolvency & Restructuring, White & Case
    Authors:
    Carl Hugo Parment , Magnus Wennerhorn , David Tayler
    Location:
    European Union, Sweden
    Firm:
    White & Case

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