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    Tech companies, Future Fund investment and the prospect of insolvency - what company directors can do
    2023-01-19

    With the current economic difficulties affecting the tech sector, a number of companies who took Future Fund investment during the pandemic have been faced with the following realities:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Fox Williams LLP, Supply chain, Company voluntary arrangement, Insolvency
    Authors:
    Paul Taylor , James Coulthard
    Location:
    United Kingdom
    Firm:
    Fox Williams LLP
    Insolvency alert: Public submissions now closed on insolvency reforms
    2023-01-18

    The first major review of Australia’s corporate insolvency in more than 30 years is underway with public submissions now closed. The review is broad in its scale, considering the entirety of Australia’s corporate insolvency regime and its related practices and procedures.

    While the review is relevant to anyone conducting business in Australia, any developments or changes to corporate insolvency laws are particularly important for businesses in financial distress or creditors looking to recoup debts they are owed.

    The corporate insolvency review to date

    Filed under:
    Australia, Insolvency & Restructuring, Macpherson Kelley, Insolvency, Australian Taxation Office, Australian Securities and Investments Commission
    Location:
    Australia
    Firm:
    Macpherson Kelley
    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

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