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    The German draft law on restructuring insolvent companies - a German version of Chapter 11?
    2010-08-17

    Last month, the German Ministry for Justice and Legal Affairs (Bundesjustizministerium) published a draft law proposal aimed at further "facilitating the restructuring of businesses".

    Filed under:
    Germany, Insolvency & Restructuring, Gibson Dunn & Crutcher LLP, Bankruptcy, Shareholder, Debtor, Interest, Debt, Liquidation
    Authors:
    Markus Nauheim , Birgit Friedl , Marcus Geiss
    Location:
    Germany
    Firm:
    Gibson Dunn & Crutcher LLP
    New restructuring/reorganization and transfer procedures for endangered Germany-based credit institutions
    2010-08-18

    On 13 July 2010 the Federal Ministry of Justice and Finance (Bundesministerien für Justiz und Finanzen) published a discussion draft of an Act for the Restructuring and Orderly Liquidation of Credit Institutions, for the Establishment of a Restructuring Fund for Credit Institutions and for the Extension of the Limitation Period of Corporate Law Management Liability (Restructuring Act) (Referentenentwurf eines Gesetzes zur Restrukturierung und geordneten Abwicklung von Kreditinstituten, zur Errichtung eines Restrukturierungsfonds für Kreditinstitute und zur Verlängerung der Verj

    Filed under:
    Germany, Banking, Insolvency & Restructuring, Squire Patton Boggs, Shareholder, Statute of limitations, Liability (financial accounting), Liquidation, Systemic risk, Endangered species, Federal Financial Supervisory Authority (Germany)
    Authors:
    Dr Andreas Fillmann
    Location:
    Germany
    Firm:
    Squire Patton Boggs
    German Restructuring Act
    2010-09-01

    Introduction

    Filed under:
    Germany, Banking, Insolvency & Restructuring, Norton Rose Fulbright, Statute of limitations, Market liquidity, Swap (finance), Debt, Capital requirement, Federal Ministry of Finance (Germany), Federal Financial Supervisory Authority (Germany)
    Authors:
    Frank Herring , Caroline Herkstroeter , Detmar Loff , Bernhard Fiedler
    Location:
    Germany
    Firm:
    Norton Rose Fulbright
    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, Shareholder, Credit (finance), Debt, Liquidation, Bank regulation, Federal Financial Supervisory Authority (Germany), Bundestag
    Authors:
    Dr. Dennis Heuer , Scott Berger , Matthias Kasch , Stephen Phillips , Daniel Baierlein , Ulf Gosejacob
    Location:
    Germany
    Firm:
    White & Case
    German Federal Supreme Court decides on set-aside of global assignment of trade receivables
    2008-01-17

    In a judgment of November 29, 2007 that is of particular interest to financial institutions involved in asset-based lending, the German Federal Supreme Court (Bundesgerichtshof) allayed concerns that a global assignment (Globalzession)—the assignment of all existing and future trade receivables to a lender to secure loans—would not survive the insolvency of the respective originator.[1] This decision was eagerly awaited because various judgments of German Higher Regional Courts (Oberlandesgerichte) had raised concerns lately that the security interest over receivables created in the last th

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Jones Day, Collateral (finance), Accounts receivable, Liability (financial accounting), Secured loan, Swiss Federal Tribunal
    Location:
    Germany
    Firm:
    Jones Day
    Proposed protection for licensees when licensors become insolvent
    2008-04-10

    On 14 February 2008 the German Federal Parliament deliberated a draft bill submitted by the Federal Ministry of Justice concerning the reform of Germany’s insolvency law. The draft bill envisions, in particular, regulation for stability against insolvency (Insolvenzfestigkeit) for licence agreements.

    Filed under:
    Germany, Insolvency & Restructuring, Nabarro LLP, Marketing, Consideration, US Federal Government
    Location:
    Germany
    Firm:
    Nabarro LLP
    New rules for shareholder debt financings: reform of the law governing the equitable subordination of shareholder loans by the Limited Liability Company Modernization Act
    2008-05-29

    A main focus of the anticipated reform of the law governing limited liability companies by the draft Act on the Modernization of the Law on Limited Liability Companies and the Prevention of Abuse (generally referred to as the “MoMiG” or “Modernization Act”) is the new set of rules relating to shareholder debt financings.

    Filed under:
    Germany, Corporate Finance/M&A, Insolvency & Restructuring, Jones Day, Share (finance), Shareholder, Limited liability company, Debt, Credit risk, Economy, Promulgation, Chief executive officer
    Location:
    Germany
    Firm:
    Jones Day
    BaFin vows to resist interfering with the business strategies of insurers under Solvency II
    2008-07-15

    During a public hearing concerning the draft circular of the German regulator dealing with “Regulatory minimum requirements of risk management” BaFin has reiterated that the principles of the circular which implement parts of the Solvency II regime will not be used to control the business decisions of German insurers. BaFin reacted to some of the concerns raised by insurers but did warn German insurers to prepare ahead for Solvency II and not wait until 2012.

    Filed under:
    Germany, Insolvency & Restructuring, Norton Rose Fulbright, Default (finance), Federal Financial Supervisory Authority (Germany), Solvency II Directive (2009/138/EU)
    Location:
    Germany
    Firm:
    Norton Rose Fulbright
    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, 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
    Will licenses soon be insolvency remote?
    2008-12-19

    Last year, the German government came forward with a ministerial bill for the reform of the German insolvency regulations with regard to licenses. The bill will most likely be enacted in the year 2009.  

    Filed under:
    Germany, Insolvency & Restructuring, Intellectual Property, Reed Smith LLP, Consideration, Liquidator (law), Promulgation
    Location:
    Germany
    Firm:
    Reed Smith LLP

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