High rates of insolvencies look set to continue as the latest quarterly insolvency statistics have been published for England and Wales. Whilst the statistics show a 2% dip from the second quarter of 2023, the number of insolvencies remains 10% higher than in 2022 and shows a return to pre-pandemic levels for compulsory liquidations and administrations. It is particularly striking that the first two quarters of 2023 represent the highest quarterly insolvencies since Q2 2009.

On 1st November 2023, the new Luxembourg law of 7 August 2023 on the continuation of businesses and modernisation of insolvency law (the "Law") enters into force.

This long-awaited reform implements Directive 2019/1023 to introduce a modern restructuring regime, with out-of-court and court supervised mechanisms to protect companies in distress. The Law is expected to provide more flexible and effective measures for businesses under financial stress and their creditors, making Luxembourg an attractive jurisdiction for restructurings.

The Financial Conduct Authority (“the FCA”) issued a Final Notice against London Capital & Finance plc (“LCF”) for contravening regulatory requirements (pursuant to section 205 of the Financial Services and Markets Act 2000 (“the Act”)). The Final Notice contained a statement censuring LCF for failing to ensure that its financial promotions were fair, clear and not misleading.

With the passing of the Moveable Transactions (Scotland) Act (MTSA) (likely to pass into law in 2024) the way in which we take security over rights and assets in Scotland will be brought firmly into the 21st century, doing away with the need to rely on statutes from as long ago as 1862 and a smattering of case law which has fostered uncertainty in the market for almost as long.

１． はじめに 

令和4年 4月に中小企業の事業再生等に関するガイドライ ン（中小版GL）の運用が開始されてから、1年半が経過しまし た1。中小版GLに基づく計画策定にあたっては、中小企業活 性化協議会における経営改善計画策定支援事業（405事 業）において、DD費用、計画策定支援費用、伴走支援費用 の3分の2（上限あり）の補助を受けることができます。かかる 補助金との関係では、中小企業庁及び独立行政法人中小企 業基盤整備機構（中小企業活性化全国本部）が「経営改善 計画策定支援事業（ガイドラインに基づく計画策定等の支援 ＜中小版GL枠＞）マニュアル・FAQ」（本マニュアル）を公表し ておりますので、本稿では、中小版GLを利用した廃業型私 的整理手続との関係で、特に留意すべき点をご説明いたしま す。なお、本マニュアルは、今後、改訂・変更される可能性があ りますのでご留意ください。

２． 対象となる事業者について

Specialist Restructuring Lawyer Comments On Latest Begbies Traynor Statistics

The high number of business failures revealed by today’s statistics released by Begbies Traynor can be attributed to the prevalence of 'zombie businesses', according to Andrew Walker, partner and Head of Restructuring and Insolvency at Irwin Mitchell.

As a director of a company, the regulatory landscape in England and Wales can feel like a scary place. The possible ways a director can become exposed can feel endless – especially if one asks Google.

Just ask any corporate lawyer fortunate enough to own the tome that is the Companies Act 2006. In the absence of becoming a legal expert, what can directors practically do to best protect themselves when carrying out their role?

After years of litigation involving state, federal, Irish, and (to a lesser extent) Swiss law; transfers of numerous assets, including Ireland’s priciest-personal residence; a jury trial; and extensive post-trial briefing, the Second Circuit made short shrift of a former real estate mogul and his ex-wife’s appeal of a judgment rendered against them for fraudulent conveyances.

A study on using round-number offers and precise-number offers in negotiations reaches these two conclusions:

In the matter of Mr. Shantanu Prakash vs. Mr. Mahendar Singh Khandelwal (resolution professional of Educomp Solutions Limited) and others, while disposing of an interim application filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (“IBC”), the New Delhi bench of the National Company Law Tribunal (“NCLT New Delhi”) held that a guarantor can question the valuation at which the security pledged by the borrower with its secured creditor is enforced.

Brief Facts