The corporate insolvency landscape in India has been refocused with the Insolvency and Bankruptcy Code, 2016 (“IBC”) in the spotlight. Enacted in May 2016, the IBC has been regarded as a game-changing legislation for insolvency resolution.[1] With the shift to a creditor-centric approach from a debtor-in possession model which seemingly had failed, the IBC strives to conclude a corporate insolvency resolution process (“CIRP”) with a resolution plan considered viable by its creditors, failing which the corporate entity faces liquidation.

This Update provides an overview the recent changes to Guernsey's insolvency regime affecting voluntary liquidations.

Introduction

The Companies (Guernsey) Law, 2008 (Insolvency) (Amendment) Ordinance, 2020, which amends the Companies (Guernsey) Law, 2008 (the Companies Law) came into force on 1 January 2023. It is supported by the first set of Insolvency Rules (the Rules) which came into force on the same date.

This Update provides an overview of the key changes concerning voluntary liquidations.

On 16th December 2022 the Bankruptcy Master released an update which advised that the restriction on filing new creditors' winding up petitions is likely to be lifted in the new term. The court has advised that further information will be issued to legal practitioners in advance of the new guidance.

Introduction and Background

We explore the utility of restructuring plans for small to mid-sized companies in 2023 as Government pandemic support tails away whilst inflation and energy prices continue to soar.

This Regulatory Update provides a snapshot of the key legal developments in the BVI and the Cayman Islands over the last quarter – including amendments to BVI business company fees, the introduction of the BVI Virtual Asset Service Providers Act, and an update on the list of director names which is now publicly available in the BVI. It also contains a reminder of the January 2023 filing deadlines in the Cayman Islands, amendments to the Cayman LLC legislation and details of the highest possible rating given to the Cayman Islands by OECD for effectiveness of AEOI regime.

COMMERCIAL | JANUARY 2023 BANKRUPTCY IN THE UAE PART 2: DIRECTORS’ DUTIES 1. Introduction One of the most common ways of conducting business within the UAE is through an onshore limited liability company. Commercial companies incorporated onshore in the UAE have a separate legal personality.1 The company can enter into legally binding agreements in its own name and take on valid and binding obligations.

One of the most common ways of conducting business within the UAE is through an onshore limited liability company. Commercial companies incorporated onshore in the UAE have a separate legal personality.1 The company can enter into legally binding agreements in its own name and take on valid and binding obligations. Actions of the directors of a company, on behalf of such a company, generally bind the company.2 Generally, any liabilities resulting from those actions are for the account of the company, rather than for the account of the individual directors in their personal capacity.

The Supreme Court of India (“Supreme Court”) in the case of Sabarmati Gas Limited vs. Shah Alloys Limited1 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.

第1 はじめに 

令和４年３月４日付けで、経済産業省は金融庁・財務省ととも に「中小企業活性化パッケージ」を策定・公表し、同パッケージに 基づき、同年4月1日より、中小企業再生支援協議会と経営改 善支援センターを統合し、中小企業の収益力改善・事業再生・ 再チャレンジを一元的に支援する「中小企業活性化協議会」を 設置しました。

これは、日本の企業数の99.7%、雇用の7割を占める中小企 業について、コロナ禍の長期化等により増大する債務に苦しむ 状態が長く続いているという現状を踏まえ、事業者のフェーズ （収益力改善フェーズ・事業再生フェーズ・再チャレンジフェーズ）に応じたきめ細やかな支援を措置するとともに、描くフェーズを 一元的に支援する支援体制を構築することを目的とするものです。

中小企業活性化協議会が行っている再生支援は①窓口相 談と、②具体的な再生支援とに大きく分かれます。②具体的な 再生支援は下図のとおりです。本稿では、①窓口相談、②具体 的な再生支援のうち中小企業活性化協議会自身による支援の 概要についてご説明いたします注）¹。