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    Funding risk
    2015-01-19

    What might be the funding risk?

    A member state exit is likely to result in increased liquidity problems and less available funding as financial institutions manage their exposure to the Eurozone. Businesses may find that traditional sources of finance (loans, bonds etc) are less easy to obtain or raise.

    Intra group funding may also be problematic if there are intra-company loans to subsidiaries located in risk member states and those subsidiaries are having difficulty meeting their payment obligations under such loans.

    Filed under:
    European Union, Insolvency & Restructuring, Norton Rose Fulbright, Market liquidity
    Location:
    European Union
    Firm:
    Norton Rose Fulbright
    Supreme Court of Canada restores super-priority of DIP lenders in CCAA proceedings
    2013-02-01

     

    In (Re) Indalex, the Supreme Court of Canada (SCC) affirmed the super-priority of the security granted to a debtor-in-possession (DIP) lender, over a deemed trust created under provincial pension legislation, in the context of a Companies’ Creditors Arrangement Act (CCAA) proceeding. The SCC’s analysis leaves open further issues.

    Filed under:
    Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Fiduciary, Supreme Court of Canada
    Authors:
    Mario Forte , Daniel Pearlman
    Location:
    Canada
    Firm:
    Norton Rose Fulbright Canada LLP
    Identifying and managing the risks of corporate directorship
    2011-02-25

    Shareholder claims and corporate bankruptcies are on the rise.

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Norton Rose Fulbright, Bankruptcy, Shareholder
    Location:
    Canada
    Firm:
    Norton Rose Fulbright Canada LLP
    Update on The Freedom SIPP Limited - In Liquidation
    2010-02-08

    The FSA has published a statement that provides an update on The Freedom SIPP Limited - In Liquidation.

    PricewaterhouseCoopers, liquidators of the Freedom SIPP Limited has appointed an agent to wind up the Freedom SIPP Scheme.

    View Update on The Freedom SIPP Limited - In Liquidation, 29 January 2010  

    Filed under:
    United Kingdom, Insolvency & Restructuring, Norton Rose Fulbright, Liquidation
    Authors:
    Jonathan Herbst , Peter Snowdon , Charles Evans , Dorian Drew
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Insolvency in shipping
    2009-09-17

    The shipping industry was arguably one of the hardest hit by the downturn that spread around the world late last year. The severe shipping slump, evidenced by a 93.5 per cent fall in the Baltic Dry Index between the summer of 2008 and December 2008, inevitably led to insolvencies of shipping companies across the globe1. This article briefly considers the unique challenges that insolvency practitioners face when balancing insolvency procedures against the application of maritime law.

    Filed under:
    Global, Insolvency & Restructuring, Shipping & Transport, Norton Rose Fulbright, Bankruptcy, Debtor, Unsecured debt, Liquidator (law), In rem jurisdiction, UNCITRAL
    Location:
    Global
    Firm:
    Norton Rose Fulbright
    Asia restructuring and insolvency briefing - China
    2009-01-15

    Introduction This briefing complements our other publications on corporate restructuring and the sale or purchase of distressed assets.  

    What are the options for companies in financial difficulty in the PRC?  

    Filed under:
    China, Insolvency & Restructuring, Norton Rose Fulbright, Bankruptcy, Shareholder, Debtor, Unsecured debt, Accounting, Debt, Liquidation, Balance sheet, Cashflow, Debt restructuring
    Location:
    China
    Firm:
    Norton Rose Fulbright
    CEIOPS publishes Issues Paper in preparation for further work on the Solvency II project
    2007-07-19

    The Committee of European Insurance and Occupational Pensions Supervisors (CEIOPS) has published an Issues Paper on 'Risk Management and Other Corporate Issues'. The paper is not a formal consultation. Instead, it is part of CEIOPS' preparation for future work under the Solvency II project.

    Filed under:
    European Union, Insolvency & Restructuring, Norton Rose Fulbright, Public consultations, Credit risk, Reinsurance, Solvency II Directive (2009/138/EU)
    Location:
    European Union
    Firm:
    Norton Rose Fulbright
    Counter-party risk
    2015-01-19

    1. What is the risk if a counter-party is located in an exiting member state?

    Filed under:
    European Union, Insolvency & Restructuring, Norton Rose Fulbright
    Location:
    European Union
    Firm:
    Norton Rose Fulbright
    Inquiry into construction industry insolvency in NSW
    2012-11-30

     

    On 19 September 2012, the Norton Rose Construction and Engineering team presented a breakfast briefing titled: “Financial Distress in Construction Projects: What happens when the wheels fall off?” 

    This briefing identified the warnings signs of insolvency, what steps parties can take to minimise exposure, how best to respond to a party’s insolvency and the options available to prevent insolvency in the first place.

    Filed under:
    Australia, New South Wales, Construction, Insolvency & Restructuring, Norton Rose Fulbright
    Authors:
    Peter Anagnostou
    Location:
    Australia
    Firm:
    Norton Rose Fulbright Australia
    German Restructuring Act
    2010-09-01

    Introduction

    Filed under:
    Germany, Banking, Insolvency & Restructuring, Norton Rose Fulbright, Statute of limitations, Market liquidity, Swap (finance), Debt, Federal Financial Supervisory Authority
    Location:
    Germany
    Firm:
    Norton Rose Fulbright

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