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    Royal Decree Law 24/2012 address restructuring and termination of Spanish credit entities
    2012-09-24

    The Spanish Council of Ministers has approved the Royal Decree Law 24/2012 (the RDL 24/2012), for the restructuring and termination of Spanish credit entities. This RDL entered into force on 31 August 2012.

    Filed under:
    Spain, Banking, Insolvency & Restructuring, Latham & Watkins LLP, Memorandum of understanding, Internal control
    Authors:
    Ignacio Pallarés , Manuel Deó
    Location:
    Spain
    Firm:
    Latham & Watkins LLP
    COVID-19: Managing Financial Difficulties in the United Arab Emirates
    2020-03-24

    Understanding bankruptcy laws in the UAE and DIFC in the context of COVID-19-related financial pressures.

    Filed under:
    United Arab Emirates, DIFC, Insolvency & Restructuring, Latham & Watkins LLP, Bankruptcy
    Location:
    United Arab Emirates
    Firm:
    Latham & Watkins LLP
    US$2.2 billion drydocks world restructuring approved in first test case under Dubai Decree No. 57
    2012-08-30

    On August 28, 2012, the Special Tribunal related to Dubai World (the “Tribunal”) formally approved the restructuring of more than US$2 billion of debt of Drydocks World LLC and Drydocks World – Dubai LLC (together, “Drydocks”) under a syndicated term loan facility and separate hedging agreements, in the first restructuring approved under Dubai Decree No.

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Securitization & Structured Finance, Latham & Watkins LLP, DIFC Courts
    Authors:
    Christopher Hall , Christopher Lester , Salam M. Alsmadi
    Location:
    United Arab Emirates
    Firm:
    Latham & Watkins LLP
    Abu Dhabi Global Market publishes new commercial regulations and begins financial regulation consultation
    2015-07-14

    On 15 June 2015, the Abu Dhabi Global Market (Global Market), Abu Dhabi’s financial free zone, published the following six new regulations concerning the regulation of non-financial services in the Global Market:

    Filed under:
    United Arab Emirates, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Real Estate, Latham & Watkins LLP, Financial regulation
    Authors:
    Christopher Lester , Heather M. Newman
    Location:
    United Arab Emirates
    Firm:
    Latham & Watkins LLP
    New Dubai decree relating to any future restructuring of Dubai World and its subsidiaries
    2010-01-08

    On December 13, 2009, His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice President and Prime Minister of UAE, Ruler of Dubai, issued Decree No. 57 for 2009 Establishing a Tribunal to Decide Disputes Related to the Settlement of the Financial Position of Dubai World and its Subsidiaries (Decree No. 57).1 The text of Decree No. 57 is available at http://www.difccourts.ae.  

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Latham & Watkins LLP, Subsidiary
    Location:
    United Arab Emirates
    Firm:
    Latham & Watkins LLP
    New Dubai decree relating to any future restructuring of Dubai World and its subsidiaries
    2010-04-16

    On 13 December 2009, His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice President and Prime Minister of UAE, Ruler of Dubai, issued Decree No. 57 for 2009 Establishing a Tribunal to Decide Disputes Related to the Settlement of the Financial Position of Dubai World and its Subsidiaries (Decree No. 57). The text of Decree No. 57 is available at http://www.difccourts.ae.

    Why Issue Decree No. 57?

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Latham & Watkins LLP, Interest, Liquidation, Moratorium, Subsidiary, Dubai International Financial Centre, High Court judge (England and Wales), DIFC Courts
    Location:
    United Arab Emirates
    Firm:
    Latham & Watkins LLP
    UK Government Temporarily Suspends Wrongful Trading Rules to Assist Company Directors
    2020-03-31

    Proposed changes to UK insolvency laws aim to support companies under pressure due to COVID-19.

    On 28 March 2020, the UK government announced a number of reforms to UK insolvency laws:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Latham & Watkins LLP, Coronavirus
    Authors:
    Rob Moulton
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    The “client money” decision in the Lehman administration
    2012-06-01

    The Supreme Court decides how client moneys are to be allocated in the Lehman estate, which has far-reaching implications for distributions in other financial collapses.

    The Supreme Court has recently handed down a decision in a contentious and difficult application in the Lehman administration, a decision which fundamentally affects the allocation of client moneys in the Lehman estate.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Liquidator (law), Lehman Brothers
    Authors:
    Jumana Rahman
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Court of Appeal upholds decision that Pensions Regulator’s demands are granted “super-priority” in insolvencies
    2011-10-20

    The Court of Appeal handed down its judgment on 14 October 2011 unanimously upholding the first instance decision that a Financial Support Direction (FSD) issued by the Pensions Regulator to an entity after it has commenced insolvency proceedings will rank as an expense of the administration, therefore affording it super-priority over floating charge holders and other unsecured creditors. This decisions has significant implications for lenders to groups with UK defined benefit pension plans if any of their security is taken as a floating charge.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Unsecured debt, Debt, Liability (financial accounting), Liquidator (law), Defined benefit pension plan, The Pensions Regulator (UK), Lehman Brothers, Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Authors:
    Catherine Drinnan , Gretchen Lennon
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Settlement reached in first UK Pensions Regulator “Contribution Notice” case
    2011-06-14

    The UK Pensions Regulator (the Regulator) has just announced that it has reached a settlement with the intended target of its first Contribution Notice (CN), with the result that the CN has been issued, but for a far lower amount than the Regulator originally sought. This case gives important guidance on the situations in which the Regulator believes it will be justified in issuing a CN, and on the potential liabilities targets may face.

    The Moral Hazard Powers

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Letter of credit, Board of directors, Liability (financial accounting), Defined benefit pension plan, Parent company, Secured loan, The Pensions Regulator (UK), Pension Protection Fund, Chief executive officer, Trustee
    Authors:
    Catherine Drinnan
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP

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