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    French restructuring reforms: what about the veto right given to “in the money” shareholders?
    2021-10-06

    Before 1st October 2021, French law did not provide for the possibility to cram down shareholders, other than under Article L. 631-19-2 of the French Commercial Code, which sets conditions which are so stringent that it is not used in practice.

    Directive 2019/2023 has let EU member states decide whether shareholders should be a class of “affected parties” subject to cross-class cram down or whether other measures should be implemented to avoid shareholders preventing, or making it difficult, in an unreasonable manner, the approval of a restructuring plan.

    Filed under:
    European Union, France, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Shareholder
    Location:
    European Union, France
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Government announces potentially seismic changes to restructuring regime
    2018-08-31

    Over the Bank holiday weekend, the UK government announced that it intends to introduce new legislation to implement certain measures (detailed below) as soon as parliamentary time permits.

    Filed under:
    European Union, Global, United Kingdom, Company & Commercial, Insolvency & Restructuring, Public, Freshfields Bruckhaus Deringer LLP, Brexit
    Authors:
    Ken Baird , Richard Tett , Catherine Balmond , Ryan Beckwith , Adam Gallagher , Katharina Crinson
    Location:
    European Union, Global, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    International recognition of English schemes of arrangement: Brexit changed nothing (and contested restructurings are here to stay)
    2021-08-02

    A recent England and Wales High Court decision demonstrates the increasingly litigious nature of Court-supervised restructuring processes. It also addresses the Court’s approach to whether foreign recognition risks represent a ‘blot’ on a proposed scheme of arrangement so that the Court should decline sanction ('the recognition/blot question').

    Filed under:
    European Union, United Kingdom, England & Wales, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Brexit
    Authors:
    Kevin Whibley , Frank Clarke
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Welcome to Germany - How we can support financial institutions newly establishing in Germany
    2017-08-08

    Introduction The number of financial institutions that have announced the relocation of their EU headquarters from the UK to Germany has increased during the last weeks. In the meantime, some of the largest US and Asian institutions have confirmed their plans to expand their operations in Germany, and we expect others to follow soon. How can we assist? This briefing shall provide you with an overview of a number of issues that may be of interest for your decision to expand your operations in Germany.

    Filed under:
    European Union, Germany, United Kingdom, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Public, Freshfields Bruckhaus Deringer LLP, Brexit, EEA, Federal Financial Supervisory Authority
    Location:
    European Union, Germany, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Ouch, it’s a hard Brexit for UK restructuring & insolvency; but life goes on
    2021-01-11

    At 11pm on 31 December 2020, the UK-EU Trade and Cooperation Agreement (TCA) came into effect implementing the UK’s exit from the single market. The TCA covers some important things in great detail and some things more scantly. Unfortunately for insolvency practitioners, it is largely silent on almost all issues relating to insolvency, meaning that, despite not technically having a ‘no-deal’ Brexit, for insolvency practitioners it may certainly feel that way.

    Recognition of insolvency proceedings

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Public, Trade & Customs, Freshfields Bruckhaus Deringer LLP, Brexit
    Authors:
    Katharina Crinson , Nicholas Cooper
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Aiuti di Stato e insolvenza - L’Avvocato Generale chiarisce cosa si intende per “imprese in difficoltà” e quando le autorità nazionali possono ordinare la revoca di un aiuto concesso nei loro confronti
    2017-04-10

    Il 5 aprile scorso l’Avvocato Generale Campos Sànchez-Bordona (AG) ha rassegnato le proprie conclusioni nell’ambito della causa C-245/16 pendente innanzi alla Corte di Giustizia (CdG) e instaurata su un rinvio pregiudiziale da parte del TAR Marche.

    Filed under:
    European Union, Italy, Insolvency & Restructuring, Litigation, Trade & Customs, Freshfields Bruckhaus Deringer LLP, Court of Justice of the European Union
    Location:
    European Union, Italy
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Temporary prohibition on creditors from filing statutory demands and winding up petitions for COVID-19 related debts extended to 31 March 2021
    2020-12-09

    As widely blogged about, on 26 June 2020 the Corporate Insolvency and Governance Act 2020 (the Act) came into force, introducing both far-reaching wholescale reforms to the UK’s restructuring toolbox as well as temporary measures dealing with COVID-19 impacts on companies. The two most significant temporary measures for companies facing financial difficulties as a result of the COVID 19 pandemic were:

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Coronavirus
    Authors:
    Katharina Crinson , Craig Montgomery , Richard Tett , Lindsay Hingston , Catherine Balmond , Ken Baird
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Europe's answer to Chapter 11?
    2016-11-23

    On 22 November 2016, the European Commission published a draft directive on insolvency, restructuring and second chance. In this briefing we consider the proposals and what it means for European insolvency and for the UK.

    On 22 November 2016, the European Commission published a draft directive on insolvency, restructuring and second chance (the Proposals).

    What are the Proposals? The Proposals have three main parts:

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP
    Authors:
    Ken Baird , Richard Tett , Katharina Crinson
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    UK Government announces reform to pre-pack administrations
    2020-10-19

    On 8 October 2020, the UK Government published draft regulations applying to sales in administration by way of a 'pre-pack' to a connected party purchaser.

    UK pre-pack administrations

    A pre-pack administration is where:

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Brexit, Coronavirus
    Authors:
    Richard Tett , Katharina Crinson , Edward Lewis
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    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 LLP, Brexit, UNCITRAL
    Authors:
    Ken Baird , Richard Tett , Catherine Balmond , Ryan Beckwith , Adam Gallagher , Craig Montgomery
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP

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