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    Structuring options in distressed situations under Dutch law
    2025-12-15

    As economic pressures mount and corporate distress becomes increasingly prevalent, lenders and borrowers alike are seeking proactive strategies to safeguard their interests without resorting to immediate enforcement action or commence other restructuring or insolvency proceedings. Whilst lenders typically prefer to avoid the costs and complexities of accelerating loans or enforcing security, they require effective mechanisms to monitor deteriorating financial positions of the borrower and maintain influence over critical business decisions. 

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, Stibbe, Non-disclosure agreement, Articles of association
    Authors:
    Barbra Bulsing
    Location:
    Netherlands
    Firm:
    Stibbe
    Romania passes law amending Insureds Guarantee Fund and insurance insolvency proceedings
    2025-12-11

    On 3 December 2025, the Official Gazette published Law no. 202/2025 that amends and supplements Law no. 213/2015 on the Insureds Guarantee Fund (FGA) and Law no. 85/2014 on insolvency prevention and insolvency proceedings.

    These amendments significantly recalibrate the institutional design, financing toolkit, and cross-border coordination of Romania’s insurance guarantee scheme, with particular emphasis on the handling of motor third party liability (MTPL) insurance claims and alignment with the EU framework introduced by Directive 2021/2118.

    Filed under:
    Romania, Compliance Management, Insolvency & Restructuring, Insurance, CMS, Insurance
    Authors:
    Horia Draghici , Cristina Popescu , Florentin Giurgea
    Location:
    Romania
    Firm:
    CMS
    Transactions at an undervalue: trusts of land
    1969-12-31
    Filed under:
    United Kingdom, Compliance Management, Insolvency & Restructuring, Litigation, Real Estate, Charles Russell Speechlys, Companies Act 2006 (UK)
    Authors:
    Roger Elford , Martha Lazanakis
    Firm:
    Charles Russell Speechlys
    IBBI Issues Revised Guidelines for IP Panel (January-June 2026)
    2025-12-04

    The Insolvency and Bankruptcy Board of India (IBBI) has issued the Insolvency Professionals to act as IRPs, RPs, Liquidators and Bankruptcy Trustees (Recommendation) (Second) Guidelines, 2025, which will govern appointments for the period January 1, 2026 to June 30, 2026.

    Filed under:
    India, Insolvency & Restructuring, Fox Mandal, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Location:
    India
    Firm:
    Fox Mandal
    No Stay for Security: Alberta Court Affirms Regulator's Public Duty in AlphaBow
    2025-12-02

    In the recent decision of AlphaBow Energy Ltd. (Re) (“AlphaBow”),[1] the Alberta Court of King’s Bench dismissed AlphaBow’s application to stay the Alberta Energy Regulator’s (“AER”) request for a security deposit for the duration of its restructuring proceedings.

    Background

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Fasken, Mediation, Supreme Court of Canada
    Authors:
    Jessica Cameron , Tiffany Bennett , Mariah Kozyra
    Location:
    Canada
    Firm:
    Fasken
    The Insolvency Service's investigations strategy: a new era of enforcement
    2025-11-27

    The Insolvency Service has for many decades been the Government department responsible for the oversight of bankruptcies, compulsory insolvencies and, in more serious cases, the disqualification of individual directors.

    Filed under:
    United Kingdom, Compliance Management, Insolvency & Restructuring, Tax, White Collar Crime, Mishcon de Reya, Corporate governance, Supply chain, HM Revenue and Customs (UK), US Department of the Treasury, Insolvency Service (UK), Economic Crime and Corporate Transparency Act 2023 (UK)
    Authors:
    Matthew Ewens , Sam Smart , Arna Mathiesen
    Location:
    United Kingdom
    Firm:
    Mishcon de Reya
    Frivolous opposition to a winding up: A director's personal liability for costs
    2025-12-17

    Overview

    In a recent judgment in Target Insurance Company Limited v Nerico Brothers Limited & Lee Cheuk Fung Jerff [2025] HKCA 1024 the Court of Appeal has clarified that a director can be made personally liable for the costs incurred by a company under their control and that unreasonably opposes its winding up.

    Background

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, DAC Beachcroft LLP
    Authors:
    David Kwok , Alicia Ho
    Location:
    Hong Kong
    Firm:
    DAC Beachcroft LLP
    When is an Officeholder Considered to Have “Adopted” an Employment Contract in Hungary?
    2025-11-27

    The concept of an insolvency officeholder “adopting” employment contracts—well-established in UK administration law—does not have a direct equivalent in Hungarian insolvency practice. Nonetheless, understanding when a court-appointed trustee or restructuring administrator assumes employment obligations is crucial for both practitioners and employees.

    Hungarian Context

    In Hungary, the key officeholders in insolvency or restructuring proceedings are:

    Filed under:
    Hungary, Employment & Labor, Insolvency & Restructuring, Litigation, Katona & Partners, Insolvency
    Authors:
    Dr. Géza Katona
    Location:
    Hungary
    Firm:
    Katona & Partners
    Federal Court Restores Commercial Reality and Clarifies the Law on Liquidators' Powers
    2025-11-27

    Introduction

    On 12 November 2025, the Federal Court delivered an important judgment that brings much-needed clarity to the powers, responsibilities, and protections available to liquidators acting under the Companies Act 2016 ("CA 2016").

    The decision provides authoritative guidance on what constitutes "costs and expenses of winding up" under section 527(1)(a), and on the high threshold applicable to efforts to remove or sue a liquidator.

    Brief background

    Filed under:
    Malaysia, Company & Commercial, Insolvency & Restructuring, Litigation, Shearn Delamore & Co
    Authors:
    Rabindra S. Nathan , Sathya Kumardas
    Location:
    Malaysia
    Firm:
    Shearn Delamore & Co
    Federal Court in London Biscuits: What Insolvency Practitioners Must Know About Liquidators’ Powers and Priority Payments
    2025-11-24

    Introduction

    The Federal Court has recently delivered a decision in the case of Victor Saw Seng Kee v Wong Weng Foo & Co; London Biscuits Berhad (In Liquidation) (Civil Appeal No.: 02(f)-61-12/2024) ("London Biscuits"), addressing four important questions of law. This ruling provides clarity on the powers of liquidators, the role of creditors in appointing liquidators, and the treatment of employee-related payments during winding up.

    Background and Procedural History

    Filed under:
    Malaysia, Insolvency & Restructuring, Litigation, Rajah & Tann Asia
    Authors:
    Chua See Hua , Janice Ooi
    Location:
    Malaysia
    Firm:
    Christopher & Lee Ong

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