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    Pre-pack dossier: Smallsteps for men, one giant leap for mankind
    2017-06-26

    The pre-pack procedure is not having an easy time of it. In a previous blog, we reported that the advocate general of the European Court of Justice (ECJ) had concluded that the Dutch pre-pack procedure cannot be regarded as bankruptcy or liquidation proceedings, and that the provisions for transfer of undertaking therefore also apply to pre-packs. The ECJ has now confirmed his standpoint.

    Filed under:
    European Union, Netherlands, Insolvency & Restructuring, Litigation, CLINT | Littler, Bankruptcy, Liquidation, Court of Justice of the European Union
    Authors:
    Wouter Engelsman
    Location:
    European Union, Netherlands
    Firm:
    CLINT | Littler
    The Recast EU Insolvency Regulation becomes effective today
    2017-06-26

    Since May 2002, we have had a regime which ensures that an insolvency proceeding started in one of the EU’s member states is, without further formality, recognised in all other member states (except for Denmark) and which determines the law applicable to such proceedings. That regime is provided for in the EU Regulation on insolvency proceedings (1346/2000/EC) (the EIR).

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Brexit
    Authors:
    Martin Brown , Glen Flannery , Helen Coverdale
    Location:
    European Union, United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Insolvency Brexit considerations
    2017-05-19

    At first glance, it seems that cross-border insolvencies between the UK and EU are likely to become more time-consuming, complex and expensive post-Brexit. However, the situation may not be as dire as it first appears due to the existence of alternative legislation and the exemptions to the EU legislation. As with other areas of law, when it comes to insolvencies much will depend on what steps are taken to maintain the current arrangements with the EU or whether they fall away altogether.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Public, HFW, Brexit, European Commission
    Authors:
    Rick Brown
    Location:
    European Union, United Kingdom
    Firm:
    HFW
    EMEA Regulatory Capital Chart
    2017-05-24

    Regulatory capital requirements for prudentially supervised financial services companies across Europe are complex and changing rapidly. To keep track of the regulatory framework in the region, we have brought together the essential features of bank regulation in our EMEA Regulatory Capital wall chart.

    Filed under:
    European Union, Banking, Capital Markets, Insolvency & Restructuring, White & Case, Financial regulation, Investment company, Bank regulation, Capital requirement, European Economic Area, European Banking Authority, Capital Requirements Directives
    Authors:
    James Greig , Stuart Willey , Dr. Andreas Wieland , Richard Pogrel , Dr. Dennis Heuer , Cenzi Gargaro
    Location:
    European Union
    Firm:
    White & Case
    Cross-Border Co-operation in Group Insolvency Proceedings- Myth or Reality?
    2017-05-25

    As 26 June 2017 approaches – the date of entry into effect of the Recast EU Insolvency Regulation (2015/8484/EU) – we look in detail at the new provisions for co-ordinating the insolvency proceedings of members of a pan-European group of companies and consider whether the new proposals for co-operation will be compulsory, the practicalities of who will pay the co-ordinator’s fees and whether the creditors can have a say in the process.

    BACKGROUND

    Filed under:
    European Union, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Antoine Adeline , Alexandre Le Ninivin
    Location:
    European Union
    Firm:
    Squire Patton Boggs
    Group Insolvency Proceedings Under the Revised EU Insolvency Regulation
    2017-05-31

    Restructuring an international group of companies in Europe continues to be challenging. While companies can transact business freely across European borders, coordination between the stakeholders involved in a cross-border restructuring has proved to be difficult. The cross-border restructuring of a corporate group is often complicated by a multitude of individual liquidation proceedings spread throughout the various countries in which the group is active.

    Filed under:
    European Union, Insolvency & Restructuring, Jones Day, Bankruptcy, Debtor, Stakeholder (corporate)
    Authors:
    Jasper Berkenbosch , Sid Pepels
    Location:
    European Union
    Firm:
    Jones Day
    Brexit Update: Issues for Structured Finance
    2017-04-19

    On March 29, 2017, the United Kingdom (UK) delivered notice of its withdrawal from the European Union (EU), triggering the most comprehensive legislative review and revision ever to occur in the UK. This update discusses legislative changes that might affect structured finance. Changes in Law Upon the UK’s withdrawal, EU treaties, directives, directly effective decisions and regulations, and rulings of the European Court of Justice will cease to apply to the UK unless their effect is specifically preserved by English law.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Public, Securitization & Structured Finance, Latham & Watkins LLP, Brexit, MiFID, Court of Justice of the European Union
    Location:
    European Union, United Kingdom
    Firm:
    Latham & Watkins LLP
    Programa Capitalizar
    2017-04-19

    No passado mês de Março de 2017, o Conselho de Ministros aprovou um conjunto de diplomas que terão como objetivo agilizar o processo de reestruturação empresarial, criando melhores condições para a sobrevivência de empresas consideradas economicamente viáveis.

    Filed under:
    European Union, Portugal, Banking, Insolvency & Restructuring, Coelho Ribeiro e Associados
    Authors:
    João Sequeira Marcelino
    Location:
    European Union, Portugal
    Firm:
    Coelho Ribeiro e Associados
    Portuguese Government Program - CAPITALIZAR
    2017-04-19

    On the last 16th of March 2017, the Portuguese government Council of Ministers approved a set of laws and amendments to the law that will aim to streamline the process of corporate restructuring, creating better conditions for the survival of companies considered economically viable.

    Filed under:
    European Union, Portugal, Banking, Insolvency & Restructuring, Coelho Ribeiro e Associados
    Authors:
    João Sequeira Marcelino
    Location:
    European Union, Portugal
    Firm:
    Coelho Ribeiro e Associados
    Reform of the European Insolvency Regulation: the demise of forum shopping?
    2017-05-01

    The reform of the European insolvency regulation (EIR) comes into force in mid-2017. Inter alia, it will alter the rules on which jurisdiction is competent to open insolvency procedures.

    Legal Background

    If a debtor needs to file for insolvency, there are two main ways of manipulating the existing legal competence rules:

    Filed under:
    European Union, Insolvency & Restructuring, Litigation, Taylor Wessing, Forum shopping
    Authors:
    Anne Springob
    Location:
    European Union
    Firm:
    Taylor Wessing

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