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    Find out how the recast European Insolvency Regulation is impacting distressed investing in Europe
    2016-12-01

    The recast European Insolvency Regulation – impact on distressed debt investors

    What's happening? 

    In 2002, the European Insolvency Regulation (EIR) introduced a regime governing the administration of insolvent corporates or individuals which operate in more than one member state of the European Union (EU). A "recast EIR" will apply to insolvency proceedings commenced on or after 26 June 2017. 

    Why are the EIRs important? 

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Globe Law and Business, Brexit, Distressed securities
    Location:
    European Union, United Kingdom
    Firm:
    Globe Law and Business
    Funds Talk: December 2016
    2016-12-01

    The Office of Compliance Inspections and Examinations (OCIE) announced it is examining registrants’ compliance with key whistleblower provisions arising out of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act).

    Filed under:
    European Union, France, United Kingdom, USA, Capital Markets, Company & Commercial, Corporate Finance/M&A, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Public, White Collar Crime, Kramer Levin Naftalis & Frankel LLP
    Location:
    European Union, France, United Kingdom, USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Trustee quarterly update - 1 December 2016
    2016-12-05

    If you would prefer not to receive this service from Addleshaw Goddard, please email: [email protected] TRUSTEE QUARTERLY UPDATE Pensions 1 December 2016 Court holds Bankrupt cannot be forced to draw scheme benefits to pay creditors In its judgment in Horton v Henry the Court of Appeal has held that where a bankrupt member has a right to draw benefits, but has not yet chosen to do so (a) his rights to future benefits under the scheme are not "

    Filed under:
    European Union, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, Addleshaw Goddard LLP, Pensions Ombudsman
    Location:
    European Union, United Kingdom
    Firm:
    Addleshaw Goddard LLP
    Security over financial collateral - the CJEU considers the "possession or control" test
    2016-12-06

    The Court of Justice of the European Union (CJEU) has given a preliminary ruling on when a security holder has "possession or…control" of financial collateral for the purposes of Directive 2002/47 on financial collateral arrangements. From an English law perspective, this is particularly relevant for anyone considering whether a floating charge over financial collateral qualifies as a security financial collateral arrangement (or SFCA).

    Background – UK implementation and interpretation

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Dentons, Collateral (finance), Security (finance), Financial Conduct Authority (UK), Court of Justice of the European Union
    Authors:
    Adam Pierce
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    Government's latest plans to reform the Corporate Insolvency Framework: what's hot and what's not?
    2016-12-06

    On 23 September the Insolvency Service published responses to its "Review of the Corporate Insolvency Framework consultation" which in May had suggested four key changes to the UK’s corporate insolvency regime:

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Public, Dentons
    Authors:
    Sarah Lawson
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    Corporate Law Newsletter (Portugal) - November 2016
    2016-12-09

    I CORPORATE FINANCE, COVENANTS AND CREDITOR’S LIABILITY 2 II NATIONAL LEGISLATION 4 III EUROPEAN LEGISLATION 5 IV NATIONAL CASE LAW 5 NEWSLETTER I CORPORATE LAW WWW.CUATRECASAS.COM NEWSLETTER I CORPORATE LAW 2/6 CORPORATE LAW NEWSLETTER I CORPORATE FINANCE, COVENANTS AND CREDITOR’S LIABILITY Introduction In the field of corporate finance the liability of creditors that negotiate covenants with companies is an issue that currently generates great concern.

    Filed under:
    European Union, Portugal, Company & Commercial, Insolvency & Restructuring, Litigation, Cuatrecasas
    Location:
    European Union, Portugal
    Firm:
    Cuatrecasas
    Proposal to harmonise business insolvency in Europe
    2016-12-13

    On 22 November 2016, The European Commission announced a proposal for a new, more consistent approach to business insolvency across the member states of the EU. It is hoped that the proposed directive will create greater efficiencies in the insolvency process, enhance financial stability and provide greater certainty to investors and companies operating across the EU.

    Filed under:
    European Union, Insolvency & Restructuring, Buddle Findlay, European Commission
    Authors:
    Bridie McKinnon , Susan Rowe , Scott Abel , Peter Niven , Myles O'Brien , Scott Barker , Kelly Paterson , Jan Etwell , David Perry , Willie Palmer
    Location:
    European Union
    Firm:
    Buddle Findlay
    Debt Recovery Update: Judgment Day? Cross-channel Enforcement Post-Brexit
    2016-11-28

    Until recently, Irish creditors could reasonably assume that money judgments awarded in Ireland could be enforced within all other EU member states, including the UK[1]. This gave Irish creditors comfort that they could swiftly and cost-effectively pursue UK-situate assets of a judgment debtor, after a judgement was obtained in Ireland.

    Filed under:
    European Union, Ireland, United Kingdom, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP
    Authors:
    Jason Harte
    Location:
    European Union, Ireland, United Kingdom
    Firm:
    Mason Hayes & Curran LLP
    Prendas «financieras» sobre cuenta de dinero y fondos abonados en cuenta después del concurso
    2016-11-18

    El Tribunal de Justicia de la Unión Europea acaba de pronunciarse sobre tres de los más importantes extremos interpretativos del régimen de garantías financieras contenido en la Directiva 47/2002.

    Filed under:
    European Union, Latvia, Spain, Banking, Insolvency & Restructuring, Litigation, Gomez-Acebo & Pombo Abogados
    Location:
    European Union, Latvia, Spain
    Firm:
    Gomez-Acebo & Pombo Abogados
    European Commission presents proposal for EU Business Restructuring Directive
    2016-11-23

    Earlier intervention in case of distress to preserve value and save jobs. That is the goal of the proposed 'EU Business Restructuring Directive', which was presented yesterday by the European Commission and aims to ensure a minimum harmonization of restructuring procedures within the European Union.

    Filed under:
    European Union, Insolvency & Restructuring, NautaDutilh
    Authors:
    Robert van Galen , Barbara Rumora - Scheltema , Teun Struycken , Jochem Hummelen
    Location:
    European Union
    Firm:
    NautaDutilh

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