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    Brexit: Keep Calm and Carry On
    2016-07-01

    As the country recovers from the shock outcome of last Thursday’s Referendum, the question which Restructuring professionals must now consider is “what does Brexit mean for me?”. The truth is that nobody really knows. The Referendum decision is not legally binding on the UK Government and the process of the UK leaving the EU will only start once the UK has served formal notice on the EU pursuant to Article 50 of the Treaty on the European Union. This will start a two year negotiation period to effect Brexit.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Public, Squire Patton Boggs, Lobbying, Brexit, Breach of contract, Climate change mitigation, Supply chain, Internal market, Tariff, Force majeure, Trade barrier, Tax efficiency, Constitutional amendment
    Authors:
    John Alderton , Caroline Castle
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Brexit: What does it mean for restructuring and insolvency?
    2016-07-01

    This briefing covers Brexit implications of restructuring and insolvency, in particular it discusses the implications on the European Regulation on Insolvency Proceedings and recognition of insolvency judgments and how schemes of arrangement will be impacted by Brexit.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Brexit, UNCITRAL
    Authors:
    Ken Baird , Richard Tett , Catherine Balmond , Ryan Beckwith , Craig Montgomery
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    EuGH-Entscheidung ebnet den Weg für Haftung von Geschäftsführern ausländischer Gesellschaften nach § 64 GmbHG
    2016-07-04

    Mit seinem Urteil vom 10. Dezember 2015, Az. C-594 / 14, hat der EuGH entschieden, dass die Haftung eines Geschäftsführers für verbotene Aus- zahlungen nach Insolvenzreife nach §64 GmbHG eine insolvenzrechtliche Regelung darstellt und deshalb dem Anwendungsbereich der EuInsVO unterliegt.

    Filed under:
    European Union, Germany, Company & Commercial, Insolvency & Restructuring, Litigation, CMS Germany
    Authors:
    Dr. Alexandra Schluck-Amend , Nicolas Kreuzmann
    Location:
    European Union, Germany
    Firm:
    CMS Germany
    ECJ decision paves the way for liability of managing directors of foreign companies under section 64 of the German Limited Liability Companies Act (GmbHG)
    2016-07-04

    In its ruling dated 10 December 2015, case ref. C-594 / 14, the ECJ decided that the liability of a managing director for prohibited payments following insolvency under section 64 of the GmbHG is a provision covered by insolvency law and therefore falls within the scope of application of the EU Insolvency Regulation.

    Filed under:
    European Union, Germany, Company & Commercial, Insolvency & Restructuring, Litigation, CMS Germany, Court of Justice of the European Union
    Authors:
    Dr. Alexandra Schluck-Amend , Nicolas Kreuzmann
    Location:
    European Union, Germany
    Firm:
    CMS Germany
    EU Referendum Results: It’s going to be Brexit
    2016-06-24

    On 23 June 2016 a 52% majority of the British people voted in favour of leaving the European Union. It seems likely that the immediate effect of the Brexit vote will be a degree of turmoil in the financial markets, involving, for instance a devaluation of Sterling against the Euro and of the Euro against the USD.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Squire Patton Boggs, Brexit
    Authors:
    John Alderton , Helen Kavanagh
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    The show must go on - contracting strategies for the impact of Brexit
    2016-06-27

    The true effects of the events of the last few days have yet to be seen. With the mainstream political parties acting like participants in a ‘Compose a Greek Tragedy’ competition, a government unlikely to exercise any meaningful executive functions until autumn (at least), the currency and financial markets in turmoil and the future uncertain on a range of factors, it is tempting to succumb to a condition of inaction whilst waiting to see how the cards fall.

    Filed under:
    European Union, United Kingdom, Banking, Company & Commercial, Construction, Insolvency & Restructuring, Projects & Procurement, Trade & Customs, Clyde & Co LLP
    Authors:
    Steven Cannon
    Location:
    European Union, United Kingdom
    Firm:
    Clyde & Co LLP
    Brexit and the legal impact on Insolvency Law
    2016-06-27

    The only certainty following the referendum is that exiting the EU will substantially alter the legal landscape from a recovery and insolvency viewpoint.

    Over the past few years the various EU members have been working hard to eradicate or minimise inconsistencies between the individual regulations which have led to not only confusion but also “forum shopping” by those facing insolvency. The idea is to provide a level playing field so that businesses in particular knew where they stood should a company in another country get into trouble.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Berg
    Authors:
    Edward Saidu
    Location:
    European Union, United Kingdom
    Firm:
    Berg
    Brexit and the wider impact on Recovery and Insolvency
    2016-06-28

    Following the referendum outcome Andrew Tate, president of R3 (the Association of Business Recovery Professionals), has stated that “there is clearly going to be a period of huge economic uncertainty” and has requested that all members (Insolvency Practitioners, lawyers and advisors) “step up to help businesses and individuals”.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Berg
    Authors:
    Edward Saidu
    Location:
    European Union, United Kingdom
    Firm:
    Berg
    The EU Bail-In Rules -- Implications for U.S. Asset-Based Lenders
    2016-05-16

    Introduction

    Filed under:
    European Union, USA, Banking, Insolvency & Restructuring, Buchalter, Bail, Bailout
    Location:
    European Union, USA
    Firm:
    Buchalter
    What will a Brexit mean for the UK's Cross Border Insolvency involvement?
    2016-05-25

    The UK is a well-established jurisdiction for cross border insolvencies, both within the EU and the rest of the world. The main piece of EU legislation that governs this area of law is the EC Council Regulation 1346/2000 ("the Insolvency Regulation"). Ultimately, this legislation facilitates the recognition of insolvency proceedings that span multiple jurisdictions. The Insolvency Regulation sets out the correct jurisdiction in cross border situations and, crucially, makes it mandatory for Member States to recognise insolvency proceedings in other EU countries.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Ashfords LLP, Brexit, Debtor, Direct effect of EU law
    Authors:
    Emma Clayton
    Location:
    European Union, United Kingdom
    Firm:
    Ashfords LLP

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