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    UK restructuring a year in retrospect
    2023-02-01

    UK Restructuring A YEAR IN RETROSPECT 2 Contents Introduction Birmingham London North West Yorkshire UK team UK Restructuring Employment UK Restructuring Section Header Section Header Contents 3 Robert Russell UK Head of Restructuring +44 (0)161 235 4147 [email protected] 2022 – Unpredictable circumstances It would be fair to say that 2022 was not an easy year.

    Filed under:
    United Kingdom, Derivatives, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Trade & Customs, DLA Piper, Supply chain, Fintech, Airbnb, International Swaps and Derivatives Association
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Píldoras Concursales Diciembre y Enero
    2023-02-01

    Introducción

    Esta edición tiene esta vez bastante contenido interesante entre el que destacamos:

    Filed under:
    Spain, Insolvency & Restructuring, Ashurst
    Authors:
    Jorge Vazquez , Jose Christian Bertram , José Antonio Rodríguez , José Ramón Casado
    Location:
    Spain
    Firm:
    Ashurst
    Changes to the costs of petitioning for sequestration in Scotland
    2023-02-01

    There are several costs associated with presenting a creditor's petition for sequestration (bankruptcy) in Scotland. As you would expect there are court dues for presenting the petition, currently at £122, as well as sheriff officer and legal fees.

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Litigation, Brodies LLP, Insolvency Service (UK)
    Authors:
    Sarah Wilson , Lucy McCann
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Administration orders in Guernsey
    2023-02-01

    Introduction

    This Guide explains the procedure for administration order proceedings in respect of Guernsey companies.

    Administration orders

    The purpose of administration orders

    Filed under:
    Guernsey, Insolvency & Restructuring, Mourant
    Authors:
    Abel Lyall , Iona Mitchell
    Location:
    Guernsey
    Firm:
    Mourant
    NFTs in crisis and insolvency
    2023-02-01

    NFTs are a hot topic, but their treatment under insolvency law – which will receive more attention due to the recent crisis – has not yet been explored in much detail. This contribution aims to provide a brief overview of the most relevant issues.

    NFTs as collateral

    Filed under:
    Austria, Banking, Insolvency & Restructuring, IT & Data Protection, Schoenherr, Blockchain, Non-fungible tokens
    Authors:
    Felix Loewit
    Location:
    Austria
    Firm:
    Schoenherr
    A guide to deregistration and members’ voluntary liquidation in Australia
    2023-02-01

    If you’re thinking about tidying your corporate structure, now is the time to do it.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Holding Redlich, Liquidation, Corporations Act 2001 (Australia)
    Authors:
    Darren Pereira , Clare Giugni
    Location:
    Australia
    Firm:
    Holding Redlich
    The Solvency Test
    2023-02-01

    This Guide sets out the background of the 'solvency test' and its relevance and applicability in Guernsey. The Solvency Test Background When the solvency test was introduced in July 2008 as part of the Companies (Guernsey) Law, 2008 (the Law), it represented a fundamental change to Guernsey's company law in relation to the maintenance of capital and solvency.

    Filed under:
    Guernsey, Company & Commercial, Insolvency & Restructuring, Litigation, Mourant, Corporate governance
    Location:
    Guernsey
    Firm:
    Mourant
    2nd Circ. Ruling Confirms Equitable Ownership Viability
    2023-02-01

    What does it mean to own something? When should the law acknowledge that somebody really owns something, even if they don't formally own it?

    And when will courts recognize the economic reality that one person — say, a judgment debtor — in truth owns something, notwithstanding that person's painstaking efforts to keep formal legal title in the hands of others?

    The law has long recognized doctrines to disregard the existence, or pierc the veil, of corporate entities to which a debtor has transferred assets.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Omni Bridgeway, Second Circuit, United States bankruptcy court, US District Court for the Southern District of New York, U.S. Court of Appeals
    Authors:
    Jeff Newton
    Location:
    USA
    Firm:
    Omni Bridgeway
    Insolvency procedures for Guernsey companies
    2023-02-01

    mourant.com 2021934/84097043/2 GUIDE Insolvency procedures for Guernsey companies Last reviewed: February 2023 Contents Introduction 2 Modern corporate insolvency proceedings 2 Administration 2 Liquidation 3 Voluntary liquidation 3 Compulsory liquidation 4 Scheme of arrangement 5 Statutory process 5 Three-stage mechanism 5 Approval and challenges 5 Receivership 5 The traditional procedures 6 Désastre 6 Saisie 6 Out-of-court restructurings and consensual workouts 7 Conclusion 7 Contacts 7 2 mourant.com 2021934/84097043/2 Introduction Guernsey law provides a number of ways to ensure an orderl

    Filed under:
    Guernsey, Company & Commercial, Insolvency & Restructuring, Mourant, Articles of association, Receivership
    Location:
    Guernsey
    Firm:
    Mourant
    Q&A: The proposed new UK Insurer Resolution Regime
    2023-02-01

    Last week HM Treasury published its much anticipated consultation paper on introducing a dedicated Insurer Resolution Regime (IRR) in the UK, which would implement key international standards.

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Freshfields Bruckhaus Deringer, HM Treasury (UK), Bank of England, Solvency II Directive (2009/138/EU), Banking Act 2009 (UK)
    Authors:
    Priti Lancaster , George Swan , Lauren Honeyben , Kevin Whibley
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer

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