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    Austrian Supreme Court clarifies "de facto" managing director’s liability for wrongful trading
    2021-10-05

    In a recent ruling, the Austrian Supreme Court has defined de facto managing directors and their obligations and liabilities in connection to wrongful trading.

    The decision

    The key takeaways from the ruling are:

    Filed under:
    Austria, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Andreas Howadt
    Location:
    Austria
    Firm:
    Taylor Wessing
    Pioneering use of new Dutch restructuring law
    2021-06-14

    Following the introduction of the Dutch Court Approval of a Private Composition (Prevention of Insolvency) Act (the WHOA), the first court approval for a private composition was granted on 19 February 2021.

    Filed under:
    Netherlands, Insolvency & Restructuring, Taylor Wessing, Coronavirus
    Location:
    Netherlands
    Firm:
    Taylor Wessing
    The importance of contractual nexus
    2021-04-16

    Duty of care in tort not established in favour of main contractor from third party sub consultant

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Projects & Procurement, Real Estate, Taylor Wessing, Supply chain
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Mass damages claims - how does the WMCA impact bankruptcy proceedings?
    2021-02-26

    Since Article 3: 305a of the Dutch Civil Code entered into force on 1 July 1994, a legal person (usually a foundation) can institute legal proceedings that serve to protect interests outlined in its articles of association (for example, recovering damage caused to the members of the foundation concerned). The mass claims foundation was born.

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Location:
    Netherlands
    Firm:
    Taylor Wessing
    New Dutch restructuring legislation: the best of both worlds
    2020-12-08

    On 26 May 2020, the House of Representatives of the Dutch Parliament passed the Act of Court Confirmation of Extrajudicial Restructuring Plans (CERP). This long-awaited plan for a new restructuring law in the Netherlands features elements of both the US Chapter 11 procedure and UK schemes of arrangements. It is an important development in the evolution of Dutch insolvency practice.

    Filed under:
    Netherlands, Insolvency & Restructuring, Taylor Wessing
    Authors:
    Andrei Babiy
    Location:
    Netherlands
    Firm:
    Taylor Wessing
    COVID-19 in Germany: Insolvency forecast
    2020-07-20

    The economic fallout from the COVID-19 pandemic has hit all industries in Germany. To mitigate the negative impacts of the pandemic, the government has implemented loan programs and introduced various emergency measures via the COVID-19 Insolvency Suspension Act (COVInsAG), such as temporarily suspending the obligation to file for insolvency and limiting the personal liabilities of the managing directors. As a result, the number of insolvency proceedings in Germany is decreasing significantly.

    Filed under:
    Germany, Insolvency & Restructuring, Taylor Wessing, Coronavirus
    Location:
    Germany
    Firm:
    Taylor Wessing
    COVID-19 insolvency emergency measures in Slovakia
    2020-04-17

    Since the outbreak of COVID-19 in Europe, the Slovak Parliament has adopted a series of new laws aiming predominantly to support employment, to provide financial aid and tax relief (particularly to SMEs) and to preserve and regulate legal enforcement.

    The insolvency law related measures include mainly:

    Debtor's filing

    The statutory time limit for debtors to file for bankruptcy due to over-indebtedness (balance sheet test) that occurred between 12 March and 30 April 2020 has been prolonged from 30 to 60 days (and is expected to be prolonged further).

    Filed under:
    Slovakia, Insolvency & Restructuring, Taylor Wessing, Coronavirus
    Authors:
    Michal Michálek , Radovan Pala
    Location:
    Slovakia
    Firm:
    Taylor Wessing
    Liability of administrators for the economic loss of a creditor
    2019-08-06

    Background

    The case concerned royalty payments, which a creditor had a contractual right to receive, arising from iron ore produced at a mine in Sierra Leone.

    The parent company of the Sierra Leonean mining company went into administration and administrators from PwC were appointed. The creditor's director called the administrators to stress the importance of bringing the royalty payments to the attention of a third party purchaser.

    The administrators subsequently sold the mine, but did not make the purchaser aware of the royalty issue.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Taylor Wessing, Coal mining
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Act quickly or risk having to pay back
    2018-07-06

    Background

    Filed under:
    Germany, Insolvency & Restructuring, Taylor Wessing, Market liquidity
    Location:
    Germany
    Firm:
    Taylor Wessing
    The German Federal Court of Justice clarifies an important question in the context of up- and cross-stream securities
    2018-02-06

    Background

    In cases where upstream or cross-stream securities are granted by a German limited liability company (”GmbH“), the German capital maintenance rules need to be considered. Under these rules assets that are required for the maintenance of GmbH’s registered share capital may not be paid out to the shareholders. This payout prohibition concerns not only payments, but also granting of securities in favour of loans granted to the shareholders. The managing directors of a GmbH are personally liable for payouts made in violation of these rules.

    Filed under:
    Germany, Insolvency & Restructuring, Taylor Wessing, Federal Court of Justice
    Authors:
    Elena Chertkova
    Location:
    Germany
    Firm:
    Taylor Wessing

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