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    CJEU paves the way for a director of an English company to be found liable to make payments under German law where the company is placed into insolvency proceedings in Germany
    2015-12-17

    Introduction:

    The Court of Justice of the European Union has ruled that a provision of German law falls within the scope of Article 4 of the EC Regulation on Insolvency Proceedings, thereby paving the way for a German court to require a director of an English incorporated company to make payments under German law where the company has been placed into insolvency proceedings in Germany. 

    Filed under:
    European Union, Germany, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP
    Authors:
    Rita Lowe , Helen Coverdale
    Location:
    European Union, Germany
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Germany confirms there will be no reliance on insurance for damage resulting from a delay in insolvency filing
    2018-10-05

    In a recent landmark cross border decision the Düsseldorf Higher Regional Court clarified that general managers cannot rely on their Directors and Officers Liability Insurance cover (D&O) in the event of a claim for repayment under Germany's "wrongful trading" legislation. 

    Providing cover for the directors and officers of a company or the company itself, D&O insurance provides reimbursement in the event the insured suffers loss as a result of legal action brought for alleged wrongful acts of the directors and officers.  

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Alan Bennett , David Pomeroy
    Location:
    Germany
    Firm:
    Ashfords LLP
    Cash-flow insolvency
    2018-04-04

    The German Federal Court of Justice (Bundesgerichtshof) has taken the opportunity to clarify its position on section 17(2) German Insolvency Act (Insolvenzordnung, InsO).  According to sec. 17(2) a debtor is deemed insolvent if he is unable to pay his debts as they fall due (Zahlungsunfähigkeit).

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Ashfords LLP, Federal Court of Justice
    Authors:
    Alan Bennett
    Location:
    Germany
    Firm:
    Ashfords LLP
    Corporate Insolvency reforms with a particular focus on group insolvencies published
    2017-09-01

    The German Bundestag has recently passed a new law as a result of a long running drive to reform how group insolvencies are to be dealt with in the jurisdiction. The reforms were suspended whilst the European Union formulated the Recast Insolvency Regulation, but, the German legislation has been finalised and the reforms effective from 21 April 2018.

    Filed under:
    Germany, Insolvency & Restructuring, Ashfords LLP, Bundestag
    Authors:
    Alan Bennett , Olivia Bridger , Sarah Shrimpton
    Location:
    Germany
    Firm:
    Ashfords LLP
    Cross Border Restructuring and Insolvency Update - May 2017
    2017-05-30

    Marex Financial Limited v. Carlos Sevilleja Garcia [2017] EWHC 918 (Comm)

    This recent decision on a jurisdictional challenge has provided greater clarity and potentially created a tortious cause of action where a debtor dissipates assets prior to judgment and subsequent freezing order.

    Background

    Filed under:
    Germany, Portugal, Puerto Rico, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ashfords LLP, Bankruptcy
    Authors:
    Alan Bennett , Sarah Shrimpton , Olivia Bridger
    Location:
    Germany, Portugal, Puerto Rico, United Kingdom
    Firm:
    Ashfords LLP
    Cross Border Restructuring and Insolvency Update - March 2017
    2017-04-03

    Budniok v Adjudicator, Insolvency Service [2017] EWHC 368 (Ch)

    Chief Registrar Baister overturned the Adjudicator's decision in refusing to grant a Bankruptcy Order where the Debtor's COMI was an issue.

    Mr Budniok, a German citizen who had recently moved to London, applied online for a Bankruptcy Order in England. After several requests for further information, the Adjudicator was not satisfied Mr Budniok's centre of main interests ("COMI") was in England and as such refused the application. Mr Budniok appealed.

    Filed under:
    Germany, Hong Kong, Singapore, United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Court of Appeal of England & Wales, High Court of Justice
    Authors:
    Alan Bennett
    Location:
    Germany, Hong Kong, Singapore, United Kingdom
    Firm:
    Ashfords LLP
    Germany’s response to “too big to fail”
    2010-09-13

    1. Introduction

    On 25 August 2010, the German government published a draft of an Act for the Restructuring and Orderly Liquidation of Credit Institutions, for the Establishment of Restructuring Fund for Credit Institutions and for the Extension of the Limitation Period of Corporate Law Management Liability (Restrukturierungsgesetz, the “German Restructuring Act”). It is anticipated that the German Restructuring Act will soon be introduced to the German parliament and be passed quickly.  

    Filed under:
    Germany, Banking, Insolvency & Restructuring, White & Case LLP, Shareholder, Credit (finance), Debt, Liquidation, Bank regulation, Federal Financial Supervisory Authority, Bundestag
    Authors:
    Dr. Dennis Heuer , Stephen Phillips , Daniel Baierlein , Ulf Gosejacob
    Location:
    Germany
    Firm:
    White & Case LLP
    Impact of the recent changes in the German tax laws on debt to equity swaps
    2009-04-22

    Due to the ongoing financial crisis and the economic downturn accompanied therewith, many German companies are or will be struggling with default and insolvency problems.

    Filed under:
    Germany, Insolvency & Restructuring, Tax, White & Case LLP, Tax exemption, Shareholder, Accounts receivable, Interest, Taxable income, Swap (finance), Debt, Debt relief, Default (finance), Income-Tax Act 1961 (India)
    Location:
    Germany
    Firm:
    White & Case LLP
    An amendment to the German insolvency grounds could give over-indebted businesses breathing space for restructurings
    2008-10-30

    In the wake of the recent turmoil in the financial markets the German government has agreed on a package of measures to stabilise the financial markets and to avoid adverse effects on the real economy. The draft bill as introduced on 15 October 2008 has been passed already and comes into force as from 18 October 2008.

    Filed under:
    Germany, Insolvency & Restructuring, White & Case LLP, Share (finance), Shareholder, Debt, Liability (financial accounting), Economy, Liquidation, Balance sheet, Refinancing, Default (finance), Valuation (finance), Constitutional amendment, Chief executive officer
    Location:
    Germany
    Firm:
    White & Case LLP
    European Real Estate Finance: Market Update - Q1 2021
    2021-03-25

    European Real Estate Finance: Market Update – Q1 2021 March 2021 Authors: Jeffrey Rubinoff, Dr. Thomas Flatten, Thierry Bosly, Hadrien Servais, Carl Hugo Parment, Fernando Navarro, Christophe Goossens, Julio Peralta, Angel Calleja, Aurélie Terlinden, Alexandra Stolt, Amitaben Patel & Brendon Vyas Further information on the response to COVID-19 can be found here, and we also have a German-language article, available here, looking at the impact on commercial leases. LIBOR Discontinuation Much has happened in the world of LIBOR Discontinuation since our last update.

    Filed under:
    Belgium, European Union, Germany, Luxembourg, Spain, Sweden, United Kingdom, Banking, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Public, Real Estate, Tax, White & Case LLP, Brexit, Libor, Private equity, Euribor, Force majeure, Coronavirus, Commercial tenant, EU-UK Trade and Cooperation Agreement, HM Revenue and Customs (UK)
    Location:
    Belgium, European Union, Germany, Luxembourg, Spain, Sweden, United Kingdom
    Firm:
    White & Case LLP

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