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    The UK Supreme Court re-visits attribution of directors' knowledge and the illegality defence once more
    2019-11-01

    Following the judgments in recent years on attribution to a company of its directors' knowledge in Bilta (UK) Ltd (In Liquidation) v Nazir [2015] UKSC 23 and UBS AG (London Branch) and another v Kommunale Wasserwerke Leipzig [2017] EWCA Civ 1567, the UK Supreme Court has once more returned to this issue in Singularis Holdings Ltd (in Official Liquidation) (a Company Incorporated in The Cayman Islands) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50, in a case where a bank (Daiwa) was held liable for breaching its Quincecare duty of care to its customer,

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown, Barclays, UK Supreme Court
    Authors:
    Ian McDonald
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Public M&A Spotlight - November 2018
    2019-04-23

    When executing public M&A transactions, dealmakers need to understand local market practice as well as the local regulatory environment.

    Filed under:
    France, Germany, Hong Kong, United Kingdom, USA, Delaware, Banking, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Public, Mayer Brown, Real estate investment trust, Financial Conduct Authority (UK), Securities and Futures Commission (Hong Kong), EEA, Federal Financial Supervisory Authority, Delaware Court of Chancery, Delaware Supreme Court
    Location:
    France, Germany, Hong Kong, United Kingdom, USA
    Firm:
    Mayer Brown
    Guide to Doing Business in Hong Kong
    2018-07-16

    A Guide to Doing BUSINESS IN HONG KONG Contents Introduction Hong Kong at a Glance 1 Political System 1 Legal System 1 Economic System 1 Investment Incentives 1 Financial System 1 International Relationships 1 Relationship with the PRC 2 Belt and Road Initiative 2 General Data Protection Regulation 2 Business Vehicles Types of Business Vehicle 5 Business Registration 5 Special Types of Business 5 Hong Kong Companies 5 Incorporation of a Private Limited Company 5 Branch Operations 7 Reasons for Choosing a Branch or Subsidiary 7 Representative Offices 8 Sole Proprietorships/General Partnershi

    Filed under:
    Hong Kong, Arbitration & ADR, Company & Commercial, Competition & Antitrust, Employment & Labor, Insolvency & Restructuring, Intellectual Property, Mayer Brown
    Location:
    Hong Kong
    Firm:
    Mayer Brown JSM
    Six Things Every Purchaser of US Commercial Accounts Receivable Should Know
    2017-06-15

    Over the past several years, non-recourse receivables financing has been embraced by many major financial institutions and non-bank investors in the US market. With its (i) favorable regulatory treatment for regulated institutions, (ii) perceived positive risk/reward profile and (iii) adaptability to recent technological advancements such as distributed ledger technology (i.e., blockchain), non-recourse receivables financing likely will grow increasingly popular in the US market.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Mayer Brown, Uniform Commercial Code (USA)
    Authors:
    Massimo Capretta , Richard G. Ziegler
    Location:
    USA
    Firm:
    Mayer Brown
    Standard Form Order for Production of Documents to Foreign Liquidator
    2016-09-19

    The Honourable Mr Justice Harris, the incumbent Companies Judge, has continued the recent development of cross-border assistance in insolvency matters. An example is his Lordship's decision in Re Centaur Litigation SPC (In Liquidation)(HCMP 3389/2015, 10 March 2016), which relates to an application by the liquidators of three companies incorporated and being wound up in the Cayman Islands.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Mayer Brown, Liquidation
    Authors:
    Richard M. Tollan , Edmund M. S. Ma
    Location:
    Hong Kong
    Firm:
    Mayer Brown JSM
    Bank structural reform: too big to fail, too big to save and too complex to manage, supervise and resolve?
    2015-08-25

    Bank structural reform: too big to fail, too big to save and too complex to manage, supervise and resolve? 1.1 The case for bank structural reform Bank structural reform is the result of a global financial crisis which developed in the summer of 2007 and became obvious in the EU in the latter part of 2008. The EU Member States that share an economic and monetary union (‘the Eurozone’) began to appear particularly vulnerable: the Greek sovereign debt crisis became apparent in early 2010 and serious economic problems emerged in Ireland, Portugal, Italy and Spain.

    Filed under:
    European Union, Banking, Capital Markets, Insolvency & Restructuring, Mayer Brown, European Commission
    Location:
    European Union
    Firm:
    Mayer Brown
    German insolvency law – an overview
    2014-11-05

    German insolvency law is governed by a comprehensive Insolvency Code which entered into force on January 1, 1999 and has been amended from time to time, the last major reform being the Act for the Further Facilitation of the Restructuring of Companies (ESUG) which largely came into force as of 1 March 2012. Further modifications were implemented in a second reform which came into force on 1 July 2014.There is only one primary uniform insolvency procedure which applies to both individuals and companies. In the following, we focus on companies.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Mayer Brown, Legal personality, Debtor
    Location:
    Germany
    Firm:
    Mayer Brown
    New Companies Ordinance – old winding up and insolvency regime
    2014-01-30

    The existing provisions on the winding up of  companies in Hong Kong will continue to operate  after the new Companies Ordinance comes into  effect, which is expected to be on 3 March 2014.

    The new Companies Ordinance is an overhaul  covering many aspects of the existing Companies  Ordinance, including the following:

    Filed under:
    Hong Kong, Insolvency & Restructuring, Mayer Brown
    Authors:
    Thomas A. Pugh
    Location:
    Hong Kong
    Firm:
    Mayer Brown JSM
    Nortel & Lehman: Supreme Court makes the final decision on FSDs in insolvency
    2013-07-25

    The Supreme Court yesterday issued its decision in the long-running case concerning financial support directions (“FSDs”) issued by the UK Pensions Regulator to various companies in the Nortel and Lehman groups. The case considered where a company's obligations under an FSD should rank in relation to its other debts if the company was insolvent when the FSD was issued.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Mayer Brown, Debt, The Pensions Regulator, SCOTUS
    Authors:
    Andrew Block , Devi Shah
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Restructuring speech: speech by Joaquín Almunia on competition policy in times of restructuring
    2012-06-26

    On 22 June 2012, Almunia, Vice President of the European Commission responsible for Competition Policy gave a speech on competition policy in times of restructuring. He considered the challenges that the EU has been facing over the past weeks and months and how these challenges are shaped by the urgent need for economic restructuring and growth in Europe, the rapid globalisation of economic activity, and the fast evolving technological environment.

    Filed under:
    European Union, Competition & Antitrust, Insolvency & Restructuring, Mayer Brown, European Commission
    Location:
    European Union
    Firm:
    Mayer Brown

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