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    Court of Appeal confirms a Luxembourg Sub-Fund is not an “unregistered company” capable of being wound up under the Insolvency Act 1986
    2025-11-03

    On 3 September 2025, the Court of Appeal handed down judgment in East Riding of Yorkshire Council v KMG SICAV-SIF-GB Strategic Land Fund [2025] EWCA Civ 1137, confirming that a “dedicated fund” of a Luxembourg specialised investment company was not an “unregistered company” within the meaning of section 220 of the Insolvency Act 1986 (the “Act”), and therefore could not be wound up by the court under section 221 of the Act.

    Filed under:
    Luxembourg, United Kingdom, Insolvency & Restructuring, Litigation, McDermott Will & Schulte LLP, Articles of association, Companies Act 2006 (UK)
    Authors:
    Jack Thorne , Harry Denlegh-Maxwell
    Location:
    Luxembourg, United Kingdom
    Firm:
    McDermott Will & Schulte LLP
    Court of Appeal confirms a Luxembourg Sub-Fund is not an “unregistered company” capable of being wound up under the Insolvency Act 1986
    2025-11-03

    On 3 September 2025, the Court of Appeal handed down judgment in East Riding of Yorkshire Council v KMG SICAV-SIF-GB Strategic Land Fund [2025] EWCA Civ 1137, confirming that a “dedicated fund” of a Luxembourg specialised investment company was not an “unregistered company” within the meaning of section 220 of the Insolvency Act 1986 (the “Act”), and therefore could not be wound up by the court under section 221 of the Act.

    Filed under:
    Luxembourg, United Kingdom, Insolvency & Restructuring, Litigation, McDermott Will & Schulte LLP, Articles of association, Companies Act 2006 (UK)
    Authors:
    Jack Thorne , Harry Denlegh-Maxwell
    Location:
    Luxembourg, United Kingdom
    Firm:
    McDermott Will & Schulte LLP
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