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    Protected cell companies
    2023-01-18

    mourant.com 2021934/73089611/3 GUIDE Protected Cell Companies Last reviewed: January 2023 Contents Introduction 2 What is a PCC and what is it used for? 2 Advantages and disadvantages of a PCC 2 Formation of a PCC 2 What are cellular assets? 3 What are core assets?

    Filed under:
    Guernsey, Company & Commercial, Insolvency & Restructuring, Private Client & Offshore Services, Mourant, Liquidation, Receivership
    Location:
    Guernsey
    Firm:
    Mourant
    Application under Section 7 or 9 of the IBC is extendable only by an application under Section 5 of Limitation Act on grounds of sufficient cause
    2023-01-18

    The Supreme Court of India (“Supreme Court”) in the case of Sabarmati Gas Limited vs. Shah Alloys Limited held that (a) in an application under Section 7 or 9 of the Insolvency and Bankruptcy Code, 2016 (“IBC”), the period of limitation would be 3 (three) years from the date when the right to apply accrues, i.e.

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Insolvency and Bankruptcy Code (India), Supreme Court of the United States, Supreme Court of India, National Company Law Tribunal
    Authors:
    Dhirendra Negi , Divyam Agarwal , Pallavi Kumar , Tanya Tiwari , Avinash Das
    Location:
    India
    Firm:
    JSA
    Voluntary liquidation and strike off - solvent Cayman Islands companies
    2023-01-18

    Broadly, the end of life options for a solvent Cayman Islands company are either a voluntary liquidation or a strike-off. The appropriateness of either method will depend on the business history of the company and its current financial position. The company should ideally have no assets or liabilities before the commencement of either option.

    Preliminary steps

    Before commencing the dissolution process, it may be necessary to take some preliminary steps, such as ensuring that:

    Filed under:
    Cayman Islands, Company & Commercial, Insolvency & Restructuring, Mourant
    Authors:
    Alex Last , Catherine Pham , Hayden Isbister , Neal Lomax , Paul Christopher , Ramesh Maharaj
    Location:
    Cayman Islands
    Firm:
    Mourant
    Exclusion from EGRUL: possible subsidiary liability of the controlling persons
    2023-01-19

    Considering the new round of The practice concerning liability of controlling persons for debts of legal entities excluded from the unified state register of legal entities (EGRUL) following a decision from tax authority is being developed. In the past the Supreme Court and Constitutional Court of the Russian Federation took different views on this matter: from presumption of guilt for the controlling person to obligation of the creditors of the legal entity to monitor possible exclusion of such entity.

    Filed under:
    Russia, Company & Commercial, Insolvency & Restructuring, Litigation, De Berti Jacchia Franchini Forlani Studio Legale
    Authors:
    Igor Brazhevsky
    Location:
    Russia
    Firm:
    De Berti Jacchia Franchini Forlani Studio Legale
    European leveraged loan restructurings: why the next downturn will be different
    2023-01-19

    Although the IMF recently announced at Davos that it would upgrade its global economic forecasts, with an improvement predicted in the later part of 2023 and into 2024, times remain difficult for many companies and their lenders – and are likely to remain so for a while yet.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Tax, Hogan Lovells, Private equity, HM Revenue and Customs (UK), Corporate Insolvency and Governance Act 2020, National Security and Investment Act 2021 (UK)
    Authors:
    Tom Astle , Francis Booth , James Maltby , Margaret Kemp , Susan Whitehead
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    European restructuring & insolvency - what we saw in 2022 and what to expect in 2023
    2023-01-19

    As 2023 gets underway, we've taken the opportunity here to look at what we saw in the European distressed market in 2022, as well as looking ahead to what we expect to see in the months to come.

    Filed under:
    European Union, United Kingdom, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Ropes & Gray LLP, Supply chain, UK Supreme Court
    Authors:
    Matthew Czyzyk , Samuel Norris , Natalie Blanc , Emily Ma , Ana Biloglav
    Location:
    European Union, United Kingdom
    Firm:
    Ropes & Gray LLP
    2023 restructuring trends: déjà vu all over again
    2023-01-19

    2022 was an unprecedented year in insolvency practice. For as long as anyone can remember, there have always been several large corporate insolvency filings with national scope in each calendar year that hits the front page of the papers. But in 2022, there wasn’t even one.

    Filed under:
    Canada, Insolvency & Restructuring, Torys LLP, Supply chain, Coronavirus
    Authors:
    David Bish
    Location:
    Canada
    Firm:
    Torys LLP
    Sale of Assets of a Corporate Debtor under the IBC: Multiple CIRPs?
    2023-01-19

    The Insolvency and Bankruptcy Board of India (IBBI) amended the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations 2016 (CIRP Regulations) on 16 September 2022 (the amendment to the CIRP Regulations, Amendment). The Amendment introduced a slew of changes to the CIRP Regulations. One of the key amendments was the introduction of provisions in respect of the sale of one or more assets of the corporate debtor by way of resolution plans.

    Filed under:
    India, Insolvency & Restructuring, Trilegal, Insolvency, Insolvency and Bankruptcy Code (India)
    Authors:
    Karishma Dodeja , Sakshi Singh
    Location:
    India
    Firm:
    Trilegal
    Some Bankruptcy Law History: Debtor Benefits Are Always A Tough Sell (Part II, Early 1800s to 1978)
    2023-01-19

    Bankruptcy benefits for individual debtors are a tough sell—always have been. That’s because no one likes bankruptcy—unless they need it.

    But relieving people from debts in unfortunate circumstances is essential to our collective way of life in these United States. That’s always been true.

    What follows is the second of three installments on some history of bankruptcy laws through the ages, beginning with ancient times—and to the present in these United States.

    Federal Bankruptcy Act of 1841

    Filed under:
    USA, Banking, Insolvency & Restructuring, Koley Jessen PC, Bankruptcy, US Congress, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Customer Rights and Protections when Japanese Crypto Assets Exchange files for U.S. Chapter 11 (In the wake of the bankruptcy of FTX Trading)
    2023-01-19

    Background

    The bankruptcy of FTX Trading, a major U.S. crypto assets exchange, is bringing to light the pitfalls of global bankruptcy. The reason for this is that FTX Japan, a Japanese subsidiary of FTX Trading, also filed for Chapter 11 bankruptcy protection in the U.S. This differs from the bankruptcy of Lehman Brothers Group given the Japanese subsidiary of FTX Trading did not file for bankruptcy in Japan due to a significant excess of assets.

    Filed under:
    Japan, USA, Insolvency & Restructuring, Litigation, Nagashima Ohno & Tsunematsu, Due diligence, Insolvency, FTX
    Authors:
    Yosuke Kanegae
    Location:
    Japan, USA
    Firm:
    Nagashima Ohno & Tsunematsu

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