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    Germany introduces legislation to facilitate corporate group insolvencies (Konzerninsolvenzrecht)
    2017-07-07

    Germany's major legal reform aiming to facilitate group insolvencies comes into effect on April 21, 2018 (full German text). The new law allows insolvency proceedings over companies within a corporate group to be concentrated at a single German insolvency court and/or to be administered by one insolvency administrator.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, DLA Piper, Debtor
    Authors:
    Florian Bruder M.Jur. , Tom H. Braegelmann
    Location:
    Germany
    Firm:
    DLA Piper
    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
    Taxation of Restructuring Profits in Germany - Tax Administration and Legislator Swiftly React to a Recent Detrimental Decision of the German Federal Fiscal Court
    2017-04-27

    A recent decision by the German Federal Fiscal Court (BFH) has caused significant concerns in the restructuring community because it will severely complicate future restructurings in Germany or even make them impossible overall. In its decision dated 28 November 2016 (GrS 1/15, published on 8 February 2017) the court held that the so- called restructuring decree (circular on taxation of restructuring profits / Sanierungserlass) dated 27 March 2003 (IV A 6 S 2140 8/03, BStBl. I 2003, 240, amended by circular letter dated 22 December 2009 (IV C 9 S 4140/07/10001-01, BStBl.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Tax, A&O Shearman, Bundestag
    Location:
    Germany
    Firm:
    A&O Shearman
    Chapter 11 German Style
    2017-05-05

    Historically, German insolvencies have been perceived as extremely unattractive, particularly because they were dominated by court-appointed bankruptcy administrators, with limited to no influence for creditors. This has, however, significantly changed over the last years. In that respect, it was the clearly expressed intention of the German legislature to make insolvencies more attractive for all parties involved. However, the available powerful features are often still unknown and hence not used, in particular by foreign investors.

    Filed under:
    Germany, Insolvency & Restructuring, Greenberg Traurig LLP
    Location:
    Germany
    Firm:
    Greenberg Traurig 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 (England & Wales)
    Authors:
    Alan Bennett
    Location:
    Germany, Hong Kong, Singapore, United Kingdom
    Firm:
    Ashfords LLP
    German Federal Court of Finance (Bundesfinanzhof) dismisses tax privilege for restructuring profits
    2017-04-06

    Summary

    The German Federal Court of Finance (BFH) has recently decided on the tax treatment of profits resulting from debt waived in the course of a company´s restructuring (case file no. GrS 1/15, 28 November 2016).

    The BFH:

    Filed under:
    Germany, Insolvency & Restructuring, Tax, Taylor Wessing
    Authors:
    Dr. Alexander Senninger
    Location:
    Germany
    Firm:
    Taylor Wessing
    Germany: New rules on recovery of criminal proceeds affect enforcement of IP rights
    2017-04-07

    On 23 March 2017, the German Parliament passed new rules on criminal law measures for recovery of criminal proceeds. In the future, enforcement of financial claims against criminal offenders will be widely handled by the public prosecution. Whilst the new rules may facilitate access to compensation for private parties affected by crimes, intellectual property right owners fighting counterfeiters may often find civil enforcement more promising.

    Cornerstones of new rules

    Filed under:
    Germany, Insolvency & Restructuring, Intellectual Property, Litigation, White Collar Crime, Hogan Lovells
    Authors:
    Dr. Friederike Schubert
    Location:
    Germany
    Firm:
    Hogan Lovells
    German Insolvency Reform - Claw-back Due to Willful Disadvantage
    2017-04-11

    I. Executive Summary

    The reform (which has come into force and effect on 5 April 2017 ("Reform")) is aiming at increasing legal certainty in cases of rescission inside and outside of insolvency proceedings regarding insolvency rescissions due to willful disadvantages (Vorsatzanfechtung) for creditors.

    Filed under:
    Germany, Insolvency & Restructuring, Paul Hastings LLP
    Authors:
    Dr. Christian Mock
    Location:
    Germany
    Firm:
    Paul Hastings LLP
    Insolvencies in Germany - New Avoidance Law in Force
    2017-04-11

    On 5 April 2017, an amendment to the German Insolvency Code (Insolvenzordnung – “InsO”) has come into force which provides for various changes to the avoidance rules and clawback laws in German insolvency proceedings.

    The major change affects the right of an insolvency administrator to challenge transactions for willful disadvantage (§ 133 InsO).

    Filed under:
    Germany, Banking, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Andreas Lehmann
    Location:
    Germany
    Firm:
    Squire Patton Boggs
    International Legislative Update
    2017-04-13

    New EU Regulation on Cross-Border Preservation of Accounts Potentially Useful Tool to Secure Assets in EU Member States

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Financial regulation, Federal Financial Supervisory Authority (Germany)
    Authors:
    Mark G. Douglas
    Location:
    Germany
    Firm:
    Jones Day

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