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Liquidation of Limited Liability Companies (LLC) in UAE
2017-04-30

Introduction:

Filed under:
United Arab Emirates, Company & Commercial, Insolvency & Restructuring, Legal personality, Shareholder, Limited liability company, Liability (financial accounting), Liquidation, Articles of association, Liquidator (law)
Location:
United Arab Emirates
View Original Article
Voluntary Winding-up of a Cayman Islands Company
2016-05-29

A Cayman Islands company can be dissolved by the appointment of a liquidator or it can be dissolved without such appointment if the company is struck off the register as a result of an application to the Registrar of Companies for the purpose.

Voluntary liquidation

In circumstances where the company has been active and has substantial assets and liabilities, it is normal and recommended for the company to be liquidated.

Filed under:
Cayman Islands, Insolvency & Restructuring, Private Client & Offshore Services, Loeb Smith Attorneys, Shareholder, Liability (financial accounting), Liquidation, Articles of association, Liquidator (law)
Authors:
Gary Smith , Yun Sheng
Location:
Cayman Islands
Firm:
Loeb Smith Attorneys
View Original Article
HFMWeek Special Report Cayman 2016
2016-05-24

Why segregated portfolio companies are thriving in Cayman? Loeb Smith’s corporate Partner Gary Smith talks to HFM Week about SPCs.

HFMWeek (HFM):How versatile are SPCs? What makes them this way?

Filed under:
Cayman Islands, Capital Markets, Company & Commercial, Insolvency & Restructuring, Private Client & Offshore Services, Loeb Smith Attorneys, Liability (financial accounting)
Authors:
Gary Smith
Location:
Cayman Islands
Firm:
Loeb Smith Attorneys
View Original Article
Sunny side up or sunny side down (what is it with pension liabilities . . .)?
2016-04-26

The latest iteration of the Sun Capital litigation has confirmed once again what many restructuring professionals have known for a long time - that pension liabilities have a nasty habit of kicking investors where it hurts, often when least expected. Our recent blog explains the decision and provides some insights on the case.

Filed under:
United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Liability (financial accounting)
Authors:
Philip Sutton
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
Expenses in administration: rates
2007-07-18

Re Trident Fashions PLC: Exeter City Council v Bairstow [2007] EWHC 400 (Ch)

In March 2007 the High Court ruled that that non-domestic rates are payable as an expense of the administration as a “necessary disbursement” under Rule 2.67(1)(f) Insolvency Rules 1986 (IR), in priority to payment of the administrator’s remuneration.

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Tax exemption, Retail, Debt, Liability (financial accounting), Liquidation, Public limited company, Liquidator (law), Enterprise Act 2002 (UK), High Court of Justice
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
New legislation concerning refinancing and restructuring of corporate debt (RDL4/2014, dated March 7)
2014-04-10

The recently-approved Royal Decree Law 4/2014 (RDL), dated March 7 and published March 8 in the Official State Gazette (BOE), has the main goal of addressing measures to ensure the feasible restructuring of corporate debt, encouraging a relief of financial burdens for companies which, despite high debt levels, are still feasible from an operational viewpoint.

Filed under:
Spain, Insolvency & Restructuring, Squire Patton Boggs, Bankruptcy, Debt, Liability (financial accounting), Refinancing
Authors:
Ramón Castilla
Location:
Spain
Firm:
Squire Patton Boggs
View Original Article
When a debtor’s debtor pays twice: how employee insolvency or bankruptcy may be costly for an employer
2013-10-09

In the current climate, the demand for jobs substantially exceeds the supply. Even so, for employers it can still be difficult to find a quality employee who meets the specific requirements for the given job. Once a suitable employee is found for the vacant position, they complete the usual formalities – submitting documents on their education, health and evidence of criminal records, agree with the employer on wages and other conditions of the employment and sign the labor contract.

Filed under:
Czech Republic, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Wage, Bankruptcy, Debtor, Liability (financial accounting)
Authors:
Jeffrey A. McGehee , Markéta Lukešová
Location:
Czech Republic
Firm:
Squire Patton Boggs
View Original Article
Companies joint assets and liabilities in bankruptcy proceedings
2012-05-08

The matter subject to this analysis is decision taken by a Bankruptcy Administration dealing with three companies of the same company group which are involved in a bankruptcy proceeding. Given the situation and in response of the confusing information of assets, the Administration under discussion decided to gather the three companies joining all their creditors in a sole debt pooling and besides, joining all the rights and assets of the three companies.  

Filed under:
Spain, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Liability (financial accounting)
Authors:
Paula Casado
Location:
Spain
Firm:
Squire Patton Boggs
View Original Article
VAT in dation in payment and the reform of the Bankruptcy Act
2012-03-29

Following the latest reform of the Bankruptcy Act, the Spanish Tax Authorities have established a mechanism to ensure the collection of the applicable VAT in the acquisition of property from companies declared bankrupt.

Until 1 January 2012, Article 84 of the VAT Act 37/1992, when regulating the reversal cases of the taxpayer liable for this tax, no reference is made to companies declared bankrupt and the cases of their goods being acquired. However, this situation has changed since 1 January 2012.

Filed under:
Spain, Insolvency & Restructuring, Tax, Squire Patton Boggs, Bankruptcy, Value added tax, Liability (financial accounting)
Location:
Spain
Firm:
Squire Patton Boggs
View Original Article
Frenemies – extending the common interest privilege to the restructuring context
2011-04-06

The term “frenemy” – a combination of the words friend and enemy – has emerged from modern vernacular to describe someone who is simultaneously a partner and an adversary. The term is perhaps perfectly emblematic of the restructuring process where various constituents make and break alliances in an effort to steer the restructuring process. In so doing, the lines between friend and enemy are often blurred or altered during the course of the restructuring.

Filed under:
USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Interest, Discovery, Liability (financial accounting), Delaware Supreme Court, United States bankruptcy court
Authors:
Bradley A. Cosman
Location:
USA
Firm:
Squire Patton Boggs
View Original Article

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