A winding up on 'just and equitable' grounds is a fast evolving remedy which allows a company to avoid a désastre. As in England and certain other jurisdictions, it is a flexible tool, with certain generally accepted grounds for the court exercising its discretion to grant the remedy, such as the need for an investigation into the affairs of the company concerned. Unlike désastre, it is not dependent on the cash flow insolvency of the company concerned and the Royal Court has a broad discretion to tailor the powers it may grant a liquidator to the needs of the situation.
The rule that creditors generally cannot continue to sue a company once a winding up order has been made has been applied to companies being wound up on 'just and equitable' grounds. This is not explicit in the Companies (Jersey) Law 1991 but has been ordered by the Court to give efficacy to the process. One of the features of winding up is that it is generally regarded as better to marshall claims against the company through a liquidator-operated adjudication procedure.
The new law extends the grounds for shareholders’ liability and invalidation of transactions.
On 26 March 2014, the new Rehabilitation and Bankruptcy Law (the New Law) took effect in Kazakhstan. The New Law supersedes the Bankruptcy Law adopted in 1997 (the Old Law).
This is a summary of the principal new provisions of recently enacted insolvency legislation applicable to businesses other than banks, insurance companies, pension funds and certain other entities. This summary is not comprehensive and does not constitute legal advice. The reader should obtain separate legal advice with respect to the issues addressed herein.
The Law of the Republic of Kazakhstan No. 176-V “On Rehabilitation and Bankruptcy” dated 7 March 2014 (hereinafter the “Rehabilitation Law”) was amended as follows:
On 13 November 2015, the Law of the Republic of Kazakhstan “On Introduction of Amendments and Supplements to Certain Legislative Acts of the Republic of Kazakhstan on the Issues of Rehabilitation and Bankruptcy” (the “Law”) was signed and its provisions were put into effect on 29 November 2015.
Directors and officers of private companies are responsible for managing and running business. This responsibility is not limited to disciplinary liability (such as termination of employment), but also involves civil law liability (such as payment of damages) as well as administrative and even criminal liability. In some cases, the liability may be broad and contain no reasonable exceptions that might be available in other jurisdictions. This LawFlash summarizes the extent of liability that company directors and officers could face under Kazakhstan law.
The latest amendments to the Kazakhstan Rehabilitation and Bankruptcy Law were signed on April 2, 2019, and became effective from April 14. The amendments enhance the priority right of secured creditors through the acceptance of pledged assets in kind or the implementation of self-facilitated foreclosure over pledged assets. Notably, the law provides that pledged assets are carved out from bankruptcy estates.
Priority of Claims of Secured Creditors
To exercise a priority right, a secured creditor must comply with the following procedure:
On 10 January 2020, new amendments to the “Law on Rehabilitation Procedure and Bankruptcy” dated 7 March 2014 No. 176-V (the “Old Law”) and related legal acts came into effect by the Law dated 27 December 2019 No. 290-VI (the Old Law, as amended, theAmended Law). The new amendments aim to facilitate and expedite the process for unsuccessful businesses to be liquidated. The main features of the Amended Law are outlined below
Conclusion on financial stability by a temporary manager/administrator
Article 295 of the Jordanian Commerce Law 1966 allows a merchant on the verge of bankruptcy to avoid bankruptcy and gain protection from creditors executing judgments against the merchant by initiating a court-sponsored settlement process with the creditors (‘preventive composition’).