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    Corporate Insolvency and Governance Act 2020: an update
    2020-07-02

    On 26 June 2020, the Corporate Insolvency and Governance Act 2020 (the "CIGA") came into effect. As anticipated in our previous article the CIGA was fast-tracked through Parliament and some amendments were ultimately made prior to it becoming law.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Public, Womble Bond Dickinson (UK) LLP, Coronavirus, House of Lords
    Authors:
    Jamie Turley , Jonathan Dunkley , Tom Pringle
    Location:
    United Kingdom
    Firm:
    Womble Bond Dickinson (UK) LLP
    Key reforms to support Micro, Small and Medium Enterprises as a response to Covid-19 and the economic crisis
    2020-07-01

    The Government of India has introduced a slew of legislative, regulatory and financial measures to support the MSME sector amidst the financial crisis created by the COVID-19 pandemic.

    Background

    The Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) provides a raft of protections and incentives for micro, small and medium enterprises (MSMEs).

    Filed under:
    India, Banking, Insolvency & Restructuring, Public, Trilegal, Coronavirus
    Location:
    India
    Firm:
    Trilegal
    Poland’s Simplified Restructuring Proceeding Takes Effect
    2020-06-25

    As previewed in our prior post, Poland’s simplified restructuring proceeding (uproszczone postępowanie restrukturyzacyjne) is now in effect. The enabling legislation – with only minor changes from the description in our prior post affecting such restructurings – was finally adopted on 19 June 2020, signed into law on 23 June 2020 and took effect the same day.

    Filed under:
    Poland, Insolvency & Restructuring, Public, Squire Patton Boggs, Coronavirus
    Authors:
    Marcin S. Wnukowski , Malgorzata Olech , Peter Swiecicki
    Location:
    Poland
    Firm:
    Squire Patton Boggs
    Restructuring Viable Businesses in Ireland
    2020-06-24

    For many companies facing financial stress, restructuring liabilities is the only way for their business to survive. Consensual restructuring, or voluntary workout, requires agreement from creditors to reorganise the company’s liabilities, and is typically implemented by agreement between the company and its creditors. Court-based restructuring processes, on the other hand, involve at least some degree of legal coercion of creditors to vary or release liabilities.

    Filed under:
    European Union, Ireland, United Kingdom, Insolvency & Restructuring, Litigation, Public, Mason Hayes & Curran LLP, Brexit, Due diligence
    Authors:
    Judith Riordan , Maria Hickey
    Location:
    European Union, Ireland, United Kingdom
    Firm:
    Mason Hayes & Curran LLP
    Liens and the termination of supply contracts under the new Corporate Insolvency and Governance Act
    2020-06-24

    The Corporate Insolvency and Governance Bill (the Bill) is being accelerated through Parliament and will soon become the Corporate Insolvency and Governance Act 2020 (the Act).

    The Act, intended to give extra support to companies in financial difficulty, is likely to come into effect during July 2020. An overview of the Act can be found in our previous article.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Public, Birketts LLP
    Authors:
    Tom Hodges , Matthew Weston
    Location:
    United Kingdom
    Firm:
    Birketts LLP
    Court revisits the issue of the extra-territorial effect of section 236 once again
    2020-06-23

    Re Akkurate Ltd (in Liquidation) [2020] EWHC 1433 (Ch)

    Back in November we reported on the case of Wallace v Wallace [2019] EWHC 2503 (Ch), where the Court grappled with the diverging authorities on the issue of whether section 236 of the Insolvency Act 1986 has extra-territorial effect.

    The issue recently came back before the Court in Re Akkurate Ltd (in Liquidation) [2020] EWHC 1433 (Ch).

    What did the Court decide?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Public, Womble Bond Dickinson (UK) LLP, Brexit
    Authors:
    Fintan Wolohan
    Location:
    United Kingdom
    Firm:
    Womble Bond Dickinson (UK) LLP
    High Court holds s.236(3) of the Insolvency Act 1986 does not have extra-territorial effect, except where the EU Insolvency Regulation applies
    2020-06-23

    The High Court has held that s.236 of the Insolvency Act 1986 (“IA 1986”) does not have extra-territorial effect, so that the court is not generally permitted to make an order requiring a person outside the UK to produce books and papers and give an account of their dealings with an insolvent company: Re Akkurate Ltd (in Liquidation) [2020] EWHC 1433 (Ch).

    Filed under:
    European Union, Global, United Kingdom, Insolvency & Restructuring, Litigation, Public, Herbert Smith Freehills LLP, Brexit, UNCITRAL, Court of Justice of the European Union
    Authors:
    Natasha Johnson , Andrew Cooke
    Location:
    European Union, Global, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Dispute Resolution round-up - June 2020
    2020-06-22

    Welcome to the inaugural edition of our new newsletter, which is intended to capture the key developments in the English disputes arena over the past three months. We hope that you will find it an interesting read, whether you are a litigator, either in private practice or in-house, or a generalist wanting to keep abreast of the goings on in this space. We also hope that you will pass it on to any of your colleagues who may find it useful.

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Litigation, Public, Travers Smith LLP, Brexit, Force majeure, Coronavirus
    Location:
    European Union, United Kingdom
    Firm:
    Travers Smith LLP
    Changes to the UK Insolvency Regime - What This Means For UK Businesses
    2020-06-18

    The Government is in the process of pushing the Corporate Insolvency and Governance Bill through Parliament, with it anticipated to become law later in June. The Bill represents the biggest overhaul of the UK’s insolvency legislation for over 30 years.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Public, Squire Patton Boggs, Coronavirus
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Corporate Law Update 12 June 2020
    2020-06-12

    In this week’s update: the test for an LLP member to bring a derivative claim, updated guidance on company meetings, the court sanctions a takeover despite not all beneficial owners being able to vote on the scheme and a few other items.

    Covid-19 is affecting the way people conduct their business, retain their staff, engage with clients, comply with regulations and the list goes on. Read our thoughts on these issues and many others on our dedicated Covid-19 page.

    Filed under:
    European Union, United Kingdom, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Public, Macfarlanes LLP, Limited liability partnership, Annual general meeting, Coronavirus, Financial Conduct Authority (UK), European Commission, UK House of Commons, London Stock Exchange, Companies House, Financial Reporting Council, House of Lords, Companies Act 2006 (UK)
    Authors:
    Robert Boyle , Dominic Sedghi
    Location:
    European Union, United Kingdom
    Firm:
    Macfarlanes LLP

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