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    UK Jurisdiction Taskforce Concludes Digital Assets Compatible With English Insolvency Law
    2024-04-29

    The Legal Statement applies areas of insolvency law to digital assets, providing valuable guidance on the approach English courts will take.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Latham & Watkins LLP, Cryptocurrency, Insolvency, Financial Conduct Authority (UK)
    Authors:
    Bruce Bell , Jessica Walker , Tim Bennett
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Courts' reluctance to condemn liquidators could spur further regulatory guidance, following first test of new insolvency laws
    2023-12-20

    Despites its recent failure in case against an administrator in a phoenixing case, ASIC could snatch long-term victory from the jaws of defeat with clear regulatory guidance for insolvency practitioners.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Insolvency, Australian Securities and Investments Commission
    Authors:
    Jennifer Ball
    Location:
    Australia
    Firm:
    Clayton Utz
    Courts' reluctance to condemn liquidators could spur further regulatory guidance, following first test of new insolvency laws
    2023-12-20

    Despites its recent failure in case against an administrator in a phoenixing case, ASIC could snatch long-term victory from the jaws of defeat with clear regulatory guidance for insolvency practitioners.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Insolvency, Australian Securities and Investments Commission
    Authors:
    Jennifer Ball
    Location:
    Australia
    Firm:
    Clayton Utz
    Courts' reluctance to condemn liquidators could spur further regulatory guidance, following first test of new insolvency laws
    2023-12-20

    Despites its recent failure in case against an administrator in a phoenixing case, ASIC could snatch long-term victory from the jaws of defeat with clear regulatory guidance for insolvency practitioners.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Insolvency, Australian Securities and Investments Commission
    Authors:
    Jennifer Ball
    Location:
    Australia
    Firm:
    Clayton Utz
    Courts' reluctance to condemn liquidators could spur further regulatory guidance, following first test of new insolvency laws
    2023-12-20

    Despites its recent failure in case against an administrator in a phoenixing case, ASIC could snatch long-term victory from the jaws of defeat with clear regulatory guidance for insolvency practitioners.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Insolvency, Australian Securities and Investments Commission
    Authors:
    Jennifer Ball
    Location:
    Australia
    Firm:
    Clayton Utz
    Harmonisation of insolvency avoidance rights from the Hungarian perspective
    2024-03-01

    Hungarian insolvency law already knows the concept of avoidance actions. Allowing creditors and liquidators to challenge certain transactions aims to protect the value of the insolvency estate. Although the principles of Hungarian insolvency law are the same as those outlined in the European Commission's proposal for a Directive (i.e. Proposed Directive), there are some aspects which would need to be carefully thought through before they are harmonised.

    Filed under:
    Hungary, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Insolvency, European Commission, European Parliament
    Authors:
    Erika Papp , Szabina Soptei
    Location:
    Hungary
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Harmonisation of insolvency avoidance rights from the Romanian perspective
    2024-03-01

    The EU directive harmonising certain aspects of insolvency law, a Propo

    Filed under:
    Romania, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Insolvency, European Commission, FTX
    Authors:
    Horia Draghici
    Location:
    Romania
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Harmonisation of insolvency avoidance rights from the Czech perspective
    2024-03-01

    The right to effectively avoid the illegitimate removal of assets from a company in financial difficulties is a key element of any insolvency law that protects the rights of creditors and maximises the recovery of value from the insolvent company.

    Czech insolvency law, and in particular the insolvency avoidance rights, play a significant role as a recovery tool for creditors in insolvency proceedings, but in practice mainly act as a preventive warning signal for a debtor and its creditors when trading, even before financial problems arise.

    Filed under:
    Czech Republic, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Insolvency, European Commission
    Authors:
    Lukáš Valúšek
    Location:
    Czech Republic
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Digital asset insolvency issues not insoluble for English law
    2024-04-19

    Digital assets may be new, but existing English insolvency laws and principles can deal with them. So finds the UK Jurisdiction Taskforce (UKJT) in its ‘Legal Statement on Digital Assets and English Insolvency Law’, published this week.

    Key takeaways include:

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Blockchain, Cryptocurrency, Insolvency, Financial Conduct Authority (UK)
    Authors:
    Julian Turner , Vanessa Whitman , Kushal Gandhi , Rachel Harrison
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Courts' reluctance to condemn liquidators could spur further regulatory guidance, following first test of new insolvency laws
    2023-12-20

    Despites its recent failure in case against an administrator in a phoenixing case, ASIC could snatch long-term victory from the jaws of defeat with clear regulatory guidance for insolvency practitioners.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Insolvency, Australian Securities and Investments Commission
    Authors:
    Jennifer Ball
    Location:
    Australia
    Firm:
    Clayton Utz

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