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    ミャンマー:倒産実務家の登録フォーム及び費用に関する旧告示の失効
    2025-01-15

    ※ 本ニューズレターは、2025 年 1 月 10 日現在の情報に基づいています。

    2024 年 10 月 31 日に、Directorate of Investment and Company Administration(投資企業管理局、 DICA)から、insolvency    practitioner(「倒産実務家」)の登録フォーム及び費用に関する従前の告示(Notification No.95/2020、「旧告示」)を失効させる旨の告示(Notification No. 177/2024、「本告示」)が公布され、本告示の内容が 2024 年 11 月 29 日付官報に掲載されましたので、その概要をお伝えします。

    Filed under:
    Japan, Insolvency & Restructuring, Nishimura & Asahi (Gaikokuho Kyodo Jigyo)
    Authors:
    Yusuke Yukawa , Takefumi Suzuki , Tomoko Nakashima
    Location:
    Japan
    Firm:
    Nishimura & Asahi (Gaikokuho Kyodo Jigyo)
    Can directors’ liability still cause a turboliquidated company to declare bankruptcy?
    2025-01-14

    Introduction

    Dissolution of a company can take place in several ways in the Netherlands. One of these options is turboliquidation, a procedure described in Article 2:19 paragraph 4 of the Dutch Civil Code (BW). The essence of this is that at the time of the dissolution decision, there must no longer be any assets present in the company.

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, Fruytier Lawyers in Business
    Authors:
    Vincent van Oosteren
    Location:
    Netherlands
    Firm:
    Fruytier Lawyers in Business
    European Restructuring: 2024 in review and outlook for 2025
    2025-01-14

    Market overview

    Filed under:
    European Union, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Corporate governance, Carillion
    Authors:
    Gregory M. Petrick , Bevis Metcalfe , Thomas Curtin
    Location:
    European Union
    Firm:
    Cadwalader Wickersham & Taft LLP
    Restructuring & insolvency 2025: 5 things you need to know
    2025-01-14

    The legal landscape in the field of restructuring and insolvency is evolving, driven by legislative measures and judicial practice.

    In 2025, the following developments can help you navigate complex financial landscapes, protect assets, and make informed decisions to address financial challenges ensuring survival or orderly dissolution when facing financial distress.

    Filed under:
    European Union, Netherlands, Insolvency & Restructuring, NautaDutilh, Insolvency, European Commission, Council of the European Union
    Authors:
    Marc Orval , Robert Woudenberg
    Location:
    European Union, Netherlands
    Firm:
    NautaDutilh
    Tameside Hospital - what does it mean for distressed PFI projects?
    2025-01-14

    In this first of a series of articles looking at current issues and recent case law in the world of distressed PFI/PPP projects, we consider the recent outcome of the Tameside Hospital dispute, and what pointers can be taken from it which may help avoid or resolve disputes in future so that distressed projects can get back on track. This is a tale of disagreement, adjudication, threats of insolvency, Court proceedings and – ultimately – a settlement which may offer a useful benchmark to which other troubled projects can have regard.

    Filed under:
    United Kingdom, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Projects & Procurement, CMS Cameron McKenna Nabarro Olswang LLP, Companies Act 2006 (UK)
    Authors:
    Frances Garratt , Robbie Leckie , Paul Smith
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Restructuring & Insolvency
    2025-01-14

    Key developments in 2024

    2024 has seen one of the most significant insolvency cases in recent years. In June, Justice Leech handed down his judgment on the claim brought by the liquidators of BHS against certain of its former directors for wrongful trading and misfeasance. This judgment is likely to have important consequences for the D&O market.

    It was particularly noteworthy as it was the first time that the directors of a company had been found guilty of the novel claim of 'misfeasant trading'.

    Filed under:
    United Kingdom, Insolvency & Restructuring, RPC, Supply chain, Liquidation, Insolvency
    Authors:
    Will Beck
    Location:
    United Kingdom
    Firm:
    RPC
    Restructuring plans - do’s and don’ts (part 2): lessons from 2024
    2025-01-14

    In 2023 we published 10 do’s and don’ts for restructuring plans, find our previous article available here. Following on from our initial article we have outlined five more do’s and don’ts reflecting the development of restructuring plans in 2024.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Macfarlanes LLP, Companies Act 2006 (UK)
    Authors:
    Paul Keddie
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    Case update: transactions defrauding creditors and tax avoidance
    2025-01-13

    A recent case considered whether a tax avoidance scheme could constitute a transaction defrauding creditors under section 423 of the Insolvency Act 1986 (IA 1986). The decision hinged on whether the transactions were made for a "prohibited purpose" under s423(3)(a).

    Facts of Purkiss v Kennedy

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Foot Anstey LLP
    Authors:
    Ffion Davies
    Location:
    United Kingdom
    Firm:
    Foot Anstey LLP
    Stacks Furnishing Ltd v Shergill
    2025-01-13

    Starting life as a market trader, Balvinder Shergill went on to run a number of companies, mostly in the furniture business. Two of his early companies used the trading style Houghton Furnishing. After they stopped doing business, Mr Shergill went on to become involved as a director in five other companies.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Wedlake Bell, HM Revenue and Customs (UK), Companies Act 2006 (UK), Companies Act 1985 (UK)
    Authors:
    Frances Coulson
    Location:
    United Kingdom
    Firm:
    Wedlake Bell
    Scottish Court persuaded, albeit only just, on the competency of retrospective administration orders
    2025-01-13

    The question of whether it is competent for the court to order a retrospective administration order has been the subject of much debate before the English courts. However, until now, there have been no reported Scottish decisions dealing with the point.

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Litigation, Brodies LLP, Insolvency
    Authors:
    Lucy McCann , Andrew Scott
    Location:
    United Kingdom
    Firm:
    Brodies LLP

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