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    Presentation of Order N° 2020-341 of 27 March 2020 adapting the rules for companies in difficulty in light of the health crisis
    2020-03-31

    The French government, using the powers conferred upon it by law n°2020-290 of 23 March 2020 to counter the Covid-19 epidemic urgency, adopted order n°2020-341 of 27 March 2020 in order to adapt the rules for companies in difficulty in the light of the health crisis (the “Order”).

    The Order was supplemented by a circular of the Ministry of Justice n°CIV/03/20 dated 30 March 2020 (the “Circular”).

    Filed under:
    France, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Hogan Lovells, Coronavirus
    Location:
    France
    Firm:
    Hogan Lovells
    "The Net Short": U.S. and European High-Yield Covenant Trends in Response to Net Short Activism
    2020-02-17

    Hogan Lovells Publications | 17 February 2020

    "The Net Short": U.S. and European High-Yield Covenant Trends in Response to Net Short Activism

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Hogan Lovells, Credit default swap
    Location:
    USA
    Firm:
    Hogan Lovells
    Chain reaction: Managing financial risk and exposure in the automotive supply chain
    2019-09-12

    The development of new powertrain technology; challenges within established markets, such as diesel emissions issues; and falls in automotive production – production in the United Kingdom has fallen during the last 12 consecutive months – have had a significant impact on the automotive and mobility industry.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Hogan Lovells, Brexit
    Authors:
    Joe Bannister , Heiko Tschauner , Christopher R. Donoho III
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Beitrag im Betriebs-Berater: nicht fremdübliche Sanierungsmaßnahmen innerhalb der EU
    2019-02-21

    In einem aktuellen Beitrag im Betriebs-Berater wird das Schreiben des Bundesfinanzministeriums (BMF) vom 6. Dezember 2018 zur Entscheidung des Europäischen Gerichtshofs (EuGH) in der Rechtssache Hornbach ausführlich erläutert. Den Beitrag im Betriebs-Berater können Sie hier kostenfrei abrufen.

    Filed under:
    European Union, Insolvency & Restructuring, Tax, Hogan Lovells
    Authors:
    Dr. Andreas Eggert
    Location:
    European Union
    Firm:
    Hogan Lovells
    No limitation period in breach of duty claim against director
    2018-05-15

    A recent UK Supreme Court decision establishes that where a director unlawfully transfers property to a company he controls, a subsequent breach of duty claim will not be subject to a limitation period.

    The provision in question under the UK Limitation Act is mirrored in the Hong Kong Limitation Ordinance (Cap 347), so it will be interesting to see whether this decision will be applied by the Hong Kong Courts.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, White Collar Crime, Hogan Lovells
    Authors:
    Karen Chan
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    UK: Corporate Insurance Newsletter - November 2017
    2017-12-06

    PRA updates remuneration policy statement for PRA category 1 and 2 firm • PRA publishes CP24/17: Solvency II: internal models - modelling of the matching adjustment • PRA publishes CP23/17: Financial management and planning by insurers • Wholesale insurance brokers market study launched by the FCA • The FCA's future approach to consumers • PRA publishes CP22/17: Solvency II: Supervisory approval for the volatility adjustment • FCA publishes PS17/24: Handbook changes to reflect the new regulatory framework for insurance-linked securities - feedback to CP16/34 and CP17/3 and near-final rules

    Filed under:
    European Union, Global, OECD, United Kingdom, USA, Banking, Insolvency & Restructuring, Insurance, Hogan Lovells, Solvency II Directive (2009/138/EU), Financial Conduct Authority (UK), European Banking Authority, UK Prudential Regulatory Authority, EIOPA
    Location:
    European Union, Global, OECD, United Kingdom, USA
    Firm:
    Hogan Lovells
    2017 Singapore Insolvency and Restructuring Reforms
    2017-06-20

     

    June 2017

    Contents

    Introduction 1. Better accessibility to Singapore's corporate rescue and restructuring framework for foreign companies 2.Chapter 11 style - Rescue financing / DIP financing 3.Enhanced moratoriums with extra territorial effect 4.Increased disclosure, cram-downs and pre-packs 5. The adoption of UNCITRAL Model Law Conclusion Your contacts

    1

    2 3 4 6 8 1 1

    2017 Singapore Insolvency and Restructuring Reforms June 2017

    1

    Introduction

    Filed under:
    Global, Singapore, USA, Banking, Insolvency & Restructuring, Litigation, Hogan Lovells, UNCITRAL
    Location:
    Global, Singapore, USA
    Firm:
    Hogan Lovells
    Expert evidence in lease renewals worth every pound
    2016-04-12

    A rare High Court decision on an unopposed lease renewal under the Landlord and Tenant Act 1954 has underlined the importance of robust and thorough expert evidence – and the dangers of getting this wrong.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells, High Court of Justice
    Authors:
    Paul Tonkin
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    German Federal Constitutional Court to decide on the constitutionality of SEC. 56 of the German insolvency Statute according to which only natural persons but no legal entities can be appointed as insolvency administrators
    2015-06-04

    The German Federal Constitutional Court (BVerfG) will soon issue a decision on the constitutionality of Sec. 56 of the German Insolvency Statute. According to Sec. 56, only independent natural persons can be appointed as insolvency administrators. Thus, accounting firms, law firms, and tax consulting firms cannot act as insolvency administrators. In 2013, a German law firm lodged a constitutional complaint asserting that this provision infringed its right of equality before law as well as its right of occupational freedom.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Hogan Lovells, Legal personality
    Location:
    Germany
    Firm:
    Hogan Lovells
    Utilities companies denied power to take priority over other creditors in administration
    2014-08-08

    The High Court of England and Wales handed down judgment last week in the case of Christine Mary Laverty and others as Joint Liquidators of PGL Realisations PLC and others v British Gas Trading Limited [2014] EWHC 2721.  In an important decision for the insolvency industry, it was held that the statutory deemed contracts regime for gas and electricity supply could not be used by utilities companies to gain priority over other creditors.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    Mathew Ditchburn , Tim Reid
    Location:
    United Kingdom
    Firm:
    Hogan Lovells

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