The Department of Telecommunications is seeking to overhaul the law governing the provision of telecommunication services through the Draft Telecommunication Bill, 2022. The Bill also seeks to govern the provision of telecom services and, or, availability of network during insolvency proceedings in respect of a telecom licensee or assignee. While the DoT’s rationale for this is understandable, the proposed provisions may conflict with the Insolvency and Bankruptcy Code, 2016.
A draft of a preventive restructuring act is being discussed in the Czech legal environment to implement the EU directive on restructuring and insolvency (directive (EU) 2019/1023). The aim of the new legal regulation is to introduce an out-of-court restructuring model with shorter times to improve operations and the balance sheets of debtors in financial difficulties. Different forms of out-of-court restructuring are common and frequently used in many foreign jurisdictions, e.g. arrangements in England and Wales.
Již delší dobu se v českém právním prostředí diskutuje návrh zákona o preventivní restrukturalizaci, který do českého právního řádu transponuje směrnici o restrukturalizaci a insolvenci. Smyslem právní úpravy je zavedení mimosoudní formy restrukturalizace, což povede ke zkrácení ozdravného procesu dlužníků ve finančních obtížích. Mimosoudní formy restrukturalizace jsou v řadě zahraničních jurisdikcí obvyklé a užívané, např. obdobný proces v Anglii a Walesu (scheme of arrangement).
Not all residential tenancies will be in the name of an individual. Sometimes it will be a company looking to take out the tenancy in their own name. Generally, this will be for the use of the one of the directors and their family. Often these sorts of agreements are seen as beneficial to many landlords who are under the impression that the company will be prompt with payment and ultimately good for the money. Whilst this can certainly be the case, it does not always work out this way.
How is the function of a company’s separate personality altered by insolvency? And to what extent may that give rise to an action in civil fraud? Nicola Sharp of Rahman Ravelli outlines the situation.
Since the end of the 19th century and the decision in Salomon v A Salomon and Co Ltd [1897] AC 22, it has been settled law that a company has its own separate personality. But as company law and insolvency law have evolved, the function of the company’s separate legal personality has developed.
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Questions & Answers
Thomas Walper is a renowned name in the market for his wide-ranging expertise on bankruptcies, with recent work including the chapter 11 cases of Toys “R” Us and iHeartMedia.
Questions & Answers
On 16th December 2022 the Bankruptcy Master released an update which advised that the restriction on filing new creditors' winding up petitions is likely to be lifted in the new term. The court has advised that further information will be issued to legal practitioners in advance of the new guidance.
We explore the utility of restructuring plans for small to mid-sized companies in 2023 as Government pandemic support tails away whilst inflation and energy prices continue to soar.
This Update provides an overview the recent changes to Guernsey's insolvency regime affecting voluntary liquidations.
Introduction
The Companies (Guernsey) Law, 2008 (Insolvency) (Amendment) Ordinance, 2020, which amends the Companies (Guernsey) Law, 2008 (the Companies Law) came into force on 1 January 2023. It is supported by the first set of Insolvency Rules (the Rules) which came into force on the same date.
This Update provides an overview of the key changes concerning voluntary liquidations.