Key takeaways
The Insolvency and Bankruptcy Code, 2016 (IBC), heralded a new era for debt resolution in India. Envisioned as a comprehensive framework, it aimed to streamline and expedite the reorganisation and insolvency processes for corporate entities, partnership firms, and individuals alike, with the overarching goal of maximising asset value.
In its ruling of April 18, 2024 (case no. IX ZR 129/22), the Federal Court of Justice (BGH) once again clarified that external lenders such as banks can be treated as shareholders under insolvency law under certain circumstances – especially if they are granted a position similar to that of a member through contractual provisions such as profit participation and investment reservation.
On 12 June 2025, the Council of the EU announced that member states have agreed on a general approach to a directive aimed at bringing national insolvency standards closer together. This draft directive is designed to make the EU more attractive to foreign and cross-border investors by reducing the legal uncertainties and complexities associated with differing national insolvency laws.
The Protection of Employees (Employers’ Insolvency) (Amendment) Bill 2025 aims to provide greater protection to employees where their employer becomes insolvent. The Bill will allow greater access to a Social Insurance Fund to protect employee pay-related entitlements and claims for historic entitlements over the previous 40 years. The devil is in the detail, however, with very specific caps and limitations.
In Re King & Wood Mallesons and other matters [2025] SGHC 67, the General Division of the High Court of Singapore (High Court) granted recognition and reliefs under the UNCITRAL Model Law on CrossBorder Insolvency (Model Law) in respect of a consolidated reorganisation of three Chinese companies in the People’s Republic of China (PRC). This decision provides guidance to insolvency office-holders appointed under PRC law on the procedural requirements to seek recognition under the Model Law in Singapore.
Background |
Court held that an insolvent company was required to provide adequate security when enforcing an adjudication decision.
Background
The Supreme Court of Appeal (“SCA”) recently handed down judgment in Prinsloo v Majiedt N.O. and Another, addressing the protection of benefits of long-term life insurance policies under section 63 of the Long-term Insurance Act, 1998 (“LTIA”). The case specifically considered these protections in the context of marriage in community of property and the subsequent sequestration of the joint estate.
The Insolvency and Bankruptcy Board of India (IBBI), through its press release dated May 30, 2025, has outlined the key features of the Fourth Amendment to the Insolvency Resolution Process for Corporate Persons (CIRP) Regulations, 2016, which was notified on May 26, 2025. These amendments are designed to streamline and enhance the effectiveness, transparency, and inclusivity of the corporate insolvency resolution process.