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    Viability of guaranty “savings clauses” questioned by Florida bankruptcy court decision
    2009-12-02

    To promote equal treatment of creditors, the US Congress has armed debtors with the power to bring suit to recover a variety of pre-bankruptcy transfers. Prominent among these is a debtor’s ability under Section 548 of the Bankruptcy Code to recover constructively fraudulent transfers — i.e., transfers made without fair consideration when a debtor is insolvent.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Surety, Debtor, Collateral (finance), Fraud, Interest, Credit risk, Joint venture, Holding company, Subsidiary, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Brian Trust , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    Court of Final Appeal widens shareholders’ rights for the winding-up of foreign companies in Hong Kong
    2015-11-17

    Dispute Resolution Beijing/Hong Kong/Shanghai Client Alert Court of Final Appeal Widens Shareholders’ Rights for the Winding-up of Foreign Companies in Hong Kong The Court of Final Appeal’s recent decision in the Yung Kee saga (Kam Leung Sui Kwan, Personal Representative of the Estate of Kam Kwan Sing, the deceased v Kam Kwan Lai & Ors (FACV 4/2015, 11 November 2015)) has widened the door to winding-up relief for shareholders of foreign companies.

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Baker McKenzie, Shareholder, Holding company, Court of Final Appeal (Hong Kong)
    Location:
    Hong Kong
    Firm:
    Baker McKenzie
    Further corporate governance reforms, including a possible review of the UK's dividend regime and improved training for directors
    2018-09-07

    BEIS has just published the Government's response to its March 2018 consultation on "Insolvency and Corporate Governance" reforms (for our March alert on this, click

    Filed under:
    United Kingdom, Corporate Finance/M&A, Employee Benefits & Pensions, Insolvency & Restructuring, Baker McKenzie, Corporate governance, Dividends, Holding company
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    Factors that will lead a court to grant an extension to a convening period
    2013-08-09

    The recent Federal Court of Australia (Court) decision Hird, in the matter of Allmine Group Limited (Administrators Appointed) (Receivers and Managers Appointed) [2013] FCA 748 involved an application for an extension to the convening period.

    Facts

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Holding company, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    David Abernethy , Sam Delaney , Michael Kimmins , Kirsty Sutherland
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    JSC BTA Bank v A [2010] EWCA Civ 1141: appointment of a receiver
    2011-06-08
    1. Introduction

    Most reading this will know that freezing orders are granted to prohibit defendants from disposing of or dissipating their assets in a way that will prevent the claimant from enforcing any judgment he obtains. If the defendant disobeys, he is at risk of contempt. But the primary purpose of contempt is to punish the defendant. Many claimants will simply be concerned to ensure that the defendant’s money is frozen.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Injunction, Breach of contract, Discovery, Holding company, Contempt of court, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Judgment on Lehman client money
    2009-12-21

    On 1 May 2009, the administrators of Lehman Brothers International (Europe) ("LBIE") applied to the English High Court for directions on certain issues relating to "Client Money" (as defined in the UK Financial Services Authority's Client Assets Rules, the "CASS Rules") held by LBIE. LBIE was regulated by the FSA and was required to comply with the CASS Rules.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Credit (finance), Security (finance), Holding company, Broker-dealer, Goldman Sachs, Lehman Brothers, High Court of Justice
    Authors:
    Stephen Gale
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Cross border insolvencies: Hong Kong court further clarifies the legal principles in respect of winding up an unregistered overseas company
    2014-04-30

    The exercise of the court’s discretionary jurisdiction to wind up an unregistered overseas company has again come under judicial spotlight in the recent case of Re China Medical Technologies Inc. (HCCW 435/2012).

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Dispute resolution, Liquidation, Holding company, Liquidator (law)
    Authors:
    Gareth Thomas , Damien Whitehead
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    FDIC issues new rule on mutual insurance holding companies
    2012-05-07

    On April 30th, the FDIC issued a final rule that treats a mutual insurance holding company as an insurance company for purposes of Section 203(e) of the Dodd-Frank Act. The new rule clarifies that the liquidation and rehabilitation of a covered financial company that is a mutual insurance holding company will be conducted in the same manner as an insurance company.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Insurance, Winston & Strawn LLP, Holding company, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Federal Reserve Board proposes phase-in period for SLHC reporting
    2011-08-29

    On August 22nd, the Federal Reserve Board proposed a two-year phase-in period for most savings and loan holding companies ("SLHCs") to file Federal Reserve regulatory reports with the Board and an exemption for some SLHCs from initially filing Federal Reserve regulatory reports. Under the Dodd-Frank Act, supervisory and rulemaking authority for SLHCs and their non-depository subsidiaries was transferred from the OTS to the Board. The Board previously sought comment on whether to require SLHCs to submit the same reports as bank holding companies.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Winston & Strawn LLP, Tax exemption, Federal Reserve Board, Holding company, Bank holding company, Subsidiary, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Federal Reserve System
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Officers and directors of troubled banks at risk of personal liability
    2010-03-02

    In 2009, there were 140 failed banks. So far this year, 16 more banks have been seized by the FDIC. There are 702 banks currently on the FDIC's troubled banks list, and regulators and analysts predict that several hundred of those likely will fail over the next two years.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP, Shareholder, Fraud, Board of directors, Market liquidity, Mortgage loan, Holding company, Underwriting, US Federal Government, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP

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