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    Restructuring privilege for the use of tax loss carry forwards for corporations incompatible with EU law
    2011-02-02

    The EU Decision

    The EU Commission has held on January 26, 2011 that the so called restructuring privilege offered by German corporate tax law, which allows corporations in a distressed financial situation to continue to set off tax loss carry forwards against future profits even if their shareholder structure has substantially changed, is incompatible with EU State Aid provisions.

    The recipients, which have applied the restructuring privilege, are now threatened with the reclaim of the tax benefits.

    Filed under:
    Germany, Insolvency & Restructuring, Tax, Trade & Customs, Mayer Brown, Share (finance), Wage, Shareholder, Market liquidity, Debt, Subsidy, State aid, Pro rata, European Commission, Federal Ministry of Finance (Germany), Court of Justice of the European Union
    Authors:
    Dr. Marco Wilhelm
    Location:
    Germany
    Firm:
    Mayer Brown
    Bankruptcy and arbitration laws in France
    2010-07-20

    In France, when bankruptcy proceedings are instituted against a party involved in a pending arbitration it can result in conflicts between the applicable arbitration and insolvency rules. In that context, an arbitral tribunal sitting in France may be confronted with determining the extent to which they must defer to mandatory insolvency rules.

    Filed under:
    France, Arbitration & ADR, Insolvency & Restructuring, Mayer Brown, Bankruptcy, Legal personality, Debtor, Arbitration clause, Arbitration award, Liquidation, Estoppel, Court of cassation
    Location:
    France
    Firm:
    Mayer Brown
    Purpose statements in engagement letters could prove costly if not drafted appropriately
    2010-02-25

    A recent decision by the US District Court for the Southern District of New York regarding the terms of an engagement letter demonstrates the need to clearly articulate the intended purpose and scope of an engagement. As the case described below demonstrates, if there is any ambiguity with regard to whether or not a fee must be paid and/or when an engagement is terminated, the resolution of such ambiguity may depend upon the description of the engagement’s purpose.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Debt, Investment banking, Limited partnership, Credit Suisse, United States bankruptcy court
    Authors:
    David K. Duffee , William V. Jacobsen, Jr.
    Location:
    USA
    Firm:
    Mayer Brown
    UK Government consultation on amendments to the insolvency arrangements for insurers - a financial counterparty's perspective
    2022-04-27

    In May 2021, the UK Government published a Consultation which set out its proposals for targeted (but significant) amendments to certain aspects of the existing UK insolvency arrangements for insurers.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Mayer Brown, Bank of England
    Authors:
    Devi Shah , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Caffè Nero CVA challenged rejected
    2021-10-29

    The English High Court has rejected a challenge to the CVA proposed by Caffè Nero in a decision that provides guidance on the use of the electronic voting procedure for votes on CVAs, the effectiveness of modifications made to a CVA during the process and the duties of the directors and nominees when considering last minute offers for a business in a restructuring scenario. Mr Justice Green rejected all grounds of challenge brought by Mr Ronald Young, a landlord to Nero Holdings Limited ("NHL").

    Filed under:
    United Kingdom, Insolvency & Restructuring, Mayer Brown, Due diligence, Coronavirus
    Authors:
    Sheena Frazer , Ben Ward
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Recent CVAs, Schemes and Restructuring Plans: May/June Round-Up
    2021-07-01

    1. Hurricane Energy PLC: Restructuring Plan

    (A) Convening Hearing

    Filed under:
    European Union, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Alexandra Wood , Hannah Davies
    Location:
    European Union
    Firm:
    Mayer Brown
    Last remains of the German suspension of the obligation to file for insolvency to finally end in April 2021
    2021-03-09

    With each extension, the scope of the suspension of the obligation to file for insolvency which was first introduced in March 2020 became more and more limited.

    Filed under:
    Germany, Insolvency & Restructuring, Mayer Brown, Coronavirus
    Authors:
    Tina Hoffmann
    Location:
    Germany
    Firm:
    Mayer Brown
    Cross border insolvency - an overview of the current EU legal framework and the impact of a "no deal" Brexit on UK/EU cross border insolvencies under the Recast Regulation
    2020-12-15

    Introduction – the framework

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Public, Mayer Brown, Brexit
    Authors:
    Devi Shah , Alexandra Wood
    Location:
    European Union, United Kingdom
    Firm:
    Mayer Brown
    Sour Grapes for freezing orders - English Court of Appeal addresses when "frozen" assets may be used in the "ordinary and proper course of business"
    2020-08-21

    So you have a freezing order against a start-up company, now what? Can that start-up use the assets which are the subject of your order, or any of its other assets, to continue to pursue its risky business, or must it stay idle and wait for the inevitable?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    James Whitaker
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Winding-Up Petitions - COVID-19 Temporary Restrictions Introduced by the Corporate Insolvency and Governance Bill 2020
    2020-05-26

    A winding-up petition is one of the most critical pieces in a creditor’s armoury where a debt remains unpaid. However, in these challenging times, the government clearly wants to provide a temporary shield to companies who are unable to pay their debts due to COVID-19.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown, Coronavirus
    Authors:
    Amy Jacks , Nicola Collins
    Location:
    United Kingdom
    Firm:
    Mayer Brown

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