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    Examining the options
    2009-03-09

    These are hard times for business. In an era of falling asset values and tight trading conditions, some firms may be facing paper losses or technical insolvency. In the fight for survival, applying for examinership is one way they can avoid being forced into a 'fire sale' of their assets. But, as Andrew Gill explains, timing is critical.

    Filed under:
    Ireland, Insolvency & Restructuring, LK Shields, Option (finance), Debt, Liability (financial accounting), Liquidation, Default (finance), Credit crunch
    Location:
    Ireland
    Firm:
    LK Shields
    Guarantees in the context of examinerships
    2009-05-06

    The Companies (Amendment) Act 1990 (the 1990 Act) provides the statutory framework for petitioning the High Court for the appointment of an examiner to a company and providing the company concerned with a certain level of protection from its creditors. In practice, a significant issue which often arises is the enforceability of the provisions of a guarantee in the context of an examinership. The purpose of this article is briefly to look at the enforceability of a guarantee both during the period of protection and once it ends.  

    DURING THE EXAMINERSHIP

    Filed under:
    Ireland, Insolvency & Restructuring, LK Shields, Surety, Debt, Liability (financial accounting), Capital punishment, Write-off
    Authors:
    Marco Hickey
    Location:
    Ireland
    Firm:
    LK Shields
    The options open to the directors of troubled companies
    2008-10-16

    The first anniversary of the credit crunch passed in recent weeks and the economic turbulence in this country has been reflected in the sharp increase in the number of insolvencies over the past 12 months.

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, LK Shields, Shareholder, Credit (finance), Collateral (finance), Asset management, Debt, Credit risk, Liability (financial accounting), Liquidation, Common law, Liquidator (law), Non-executive director, Credit crunch, Companies Act, Supreme Court of the United States, High Court (Ireland)
    Location:
    Ireland
    Firm:
    LK Shields
    Corporate reorganization of Takefuji corporation
    2010-10-04

    Court Acceptance of Petition for Corporate Reorganization

    Filed under:
    Japan, Insolvency & Restructuring, White & Case, Shareholder, Debtor, Unsecured debt, Debt, Liability (financial accounting), Balance sheet, Debtor in possession, Market value, Trustee
    Authors:
    Koichiro Ohashi
    Location:
    Japan
    Firm:
    White & Case
    When is a company split a fraudulent act?
    2012-12-21

    Introduction
    Facts
    Facts
    Decision
    Comment



    Introduction

    Filed under:
    Japan, Insolvency & Restructuring, Litigation, Jones Day, Surety, Debtor, Fraud, Liability (financial accounting)
    Authors:
    Rika Sato
    Location:
    Japan
    Firm:
    Jones Day
    Cell companies: the segregation of assets and liabilities
    2011-07-22

    Background

    The concept of cell companies was first introduced to Jersey in February 2006. In addition to the widely recognised structure of a protected cell company, Jersey also introduced a completely new concept - the incorporated cell company.  

    The key issue which differentiates both types of cell company from traditional (non-cellular) companies is that they provide a flexible corporate vehicle within which assets and liabilities can be ring-fenced, or segregated, so as only to be available to the creditors and shareholders of each particular cell.

    Filed under:
    Jersey, Company & Commercial, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Bedell Cristin, Legal personality, Shareholder, Liability (financial accounting), Articles of association
    Authors:
    Martin Paul , Simon Morris
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Cell companies: the segregation of assets and liabilities
    2009-11-25

    Background

    The concept of cell companies was first introduced to Jersey in February 2006. In addition to the widely recognised principle of the protected cell company ("PCC"), a new concept of incorporated cell company ("ICC"), the first of its kind, was also implemented.

    Filed under:
    Jersey, Company & Commercial, Insolvency & Restructuring, Private Client & Offshore Services, Bedell Cristin, Legal personality, Shareholder, Voluntary association, Liability (financial accounting), Articles of association
    Authors:
    Martin Paul
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Just and equitable winding up in Jersey - the most appropriate remedy?
    2010-01-30

    Introduction

    Filed under:
    Jersey, Insolvency & Restructuring, Litigation, Ogier, Conflict of interest, Fiduciary, Option (finance), Liability (financial accounting), Liquidation, Balance sheet, Cashflow, Liquidator (law), Misappropriation
    Authors:
    Edward Mackereth
    Location:
    Jersey
    Firm:
    Ogier
    Consultation on proposed Intervention Act
    2011-04-04

    A consultation is held on a bill introducing special measures against financial undertakings (Intervention Act). The bill would amend the Financial Markets Supervision Act and the Bankruptcy Act in order to extend powers to intervene when financial undertakings find themselves in serious difficulties. The bill reflects developments within the European Union.

    Filed under:
    Netherlands, Banking, Capital Markets, Insolvency & Restructuring, Insurance, De Brauw Blackstone Westbroek, Share (finance), Public consultations, Liability (financial accounting)
    Authors:
    Ernest Meyer Swantée , Rick van ‘t Hullenaar , Esther Bromet
    Location:
    Netherlands
    Firm:
    De Brauw Blackstone Westbroek
    Consultation on proposed Intervention Act
    2011-04-25

    The Minister of Finance and the Minister of Security and Justice are holding a joint consultation on a bill introducing special measures against financial

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, De Brauw Blackstone Westbroek, Share (finance), Liability (financial accounting)
    Authors:
    Francine Schlingmann , Joost Schutte , Marnix Somsen
    Location:
    Netherlands
    Firm:
    De Brauw Blackstone Westbroek

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