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    Supreme Court allows dilution of majority stake in inter access inquiry proceedings
    2011-06-01

    In the corporate inquiry (enquête) procedure of Inter Access the Supreme Court recently confirmed a decision by the Enterprise Chamber where immediate measures were ordered which led to the dilution of a majority shareholder's stake. The managing board of the company was allowed to issue shares without a resolution of the AGM.

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, De Brauw Blackstone Westbroek, Share (finance), Shareholder, Board of directors, Mandatory sentencing, Annual general meeting, Supreme Court of the United States
    Authors:
    Harm-Jan de Kluiver
    Location:
    Netherlands
    Firm:
    De Brauw Blackstone Westbroek
    Things to take into account as a secured creditor when dealing with a company in financial distress
    2009-05-20

    In cross border financing transactions, a secured creditor should be aware of Dutch law specifics when dealing with a Dutch obligor in financial distress. Below is a highlighted list of specifics for a secured creditor planning to foreclose on its security or when seeking to improve its security position.

    Improving security position

    Existing Dutch security documents typically provide for possibilities for improving the position of a secured creditor in case of an event of default.

    Getting a tighter grip on collateral

    Filed under:
    Netherlands, Insolvency & Restructuring, NautaDutilh, Share (finance), Bankruptcy, Legal personality, Shareholder, Debtor, Collateral (finance), Dividends, Accounts receivable, Board of directors, Debt, Foreclosure, Default (finance), Secured creditor, Articles of association, Annual general meeting, Internal Revenue Code (USA)
    Location:
    Netherlands
    Firm:
    NautaDutilh
    New opportunities for secured lenders
    2009-12-04

    On September 23 2009 the Amsterdam District Court granted the holder of a pledge over the shares in the capital of Schoeller Arca Systems Services BV authorization for foreclosure on the pledge by way of a private sale. Foreclosure on a pledge over Dutch shares is rare. The decision introduces the possibility for a secured lender either to wipe out subordinated mezzanine debt or to implement a loan-to-own strategy.

     

    Facts

    In 2007 Schoeller Arca Systems, its parent and subsidiaries (known as the SAS Group) entered into:

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, NautaDutilh, Share (finance), Shareholder, Debtor, Foreclosure, Default (finance), Secured loan, Trustee
    Authors:
    Teun Struycken
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Bankruptcy declared contrary to Dutch public order
    2008-07-11

    This update discusses an issue that may arise in relation to the recognition of foreign bankruptcies where the law of the receiving state does not provide for admittance proceedings. This issue recently arose in the Yukos proceedings.

    Facts

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, NautaDutilh, Share (finance), Bankruptcy, Shareholder, Injunction, State-owned enterprise, Summary offence, Chief executive officer, Supreme Court of the Netherlands
    Authors:
    Robert van Galen
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Reform of Spanish insolvency legislation
    2014-03-10

    1

    MADRID E-BULLETIN

    RESTRUCTURING, TURNAROUND AND INSOLVENCY

    REFORM OF SPANISH INSOLVENCY LEGISLATION

    On Friday 7 March 2014 the Spanish Council of Ministers approved Royal Decree-Law 4/2014, of 7 March, which adopts urgent measures on the refinancing and restructuring of corporate debt. The above Royal Decree-Law introduces a series of significant reforms to the Spanish Insolvency Act 22/2003, of 9 July, (the "Insolvency Act"). The Royal Decree-Law has entered into force on 10 March 2014.

    Filed under:
    Spain, Insolvency & Restructuring, Herbert Smith Freehills LLP, Share (finance), Debtor, Liability (financial accounting), Refinancing, Gross negligence
    Location:
    Spain
    Firm:
    Herbert Smith Freehills LLP
    Thai Law Year in Review 2016 and Year to Come 2017
    2017-01-05

    Year in Review – Thai Law in 2016

    Filed under:
    Thailand, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, IT & Data Protection, Projects & Procurement, Linklaters LLP, Share (finance), Corporate governance, Bankruptcy, Shareholder, Debt, Insider trading, Life insurance, Commercial law, Market manipulation
    Location:
    Thailand
    Firm:
    Linklaters LLP
    Asia restructuring and insolvency briefing - Taiwan
    2009-01-30

    What are the options for companies in financial difficulty in Taiwan?

    If the company is listed on the Taiwan stock exchange, then the company may pursue a formal reorganisation as set forth under Article 282 of the Company Act.  

    If a listed company (as referred to above) is unable to pursue reorganisation, and in respect of all other companies, a company will enter into a formal bankruptcy procedure under the Bankruptcy Act in order to implement an equitable and orderly repayment scheme amongst its creditors.  

    Filed under:
    Taiwan, Insolvency & Restructuring, Norton Rose Fulbright, Share (finance), Public company, Bankruptcy, Shareholder, Debtor, Board of directors, Debt, Liquidation, Chamber of commerce, Prejudice, Debt restructuring, Trustee
    Location:
    Taiwan
    Firm:
    Norton Rose Fulbright
    Initiatives to improve the investment environment in Turkey
    2016-08-15

    The Law Amending Certain Laws for the Purpose of Improvement of the Investment Environment, Law No: 6728 has been published in the Official Gazette dated 9 August 2016 and numbered 29796 (“Amending Law”). It amends several laws including the (i) Stamp Duty Law No: 488, (ii) Law of Fees No: 492, and (iii) provisions of the Turkish Commercial Code Law No: 6102 on the incorporation of entities. With these amendments, the Turkish government aims to reduce the cost of foreign direct investment in Turkey.

    Filed under:
    Turkey, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Tax, CMS Legal, Share (finance), Limited liability company, Joint-stock company, Stamp duty
    Authors:
    Alican Babalioglu , Kaan Saadetlioglu , Deniz Günes
    Location:
    Turkey
    Firm:
    CMS Legal
    Distressed property assets in Dubai – key legal considerations for buyers and sellers
    2009-12-01

    Unique nature of UAE property market

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Real Estate, Herbert Smith Freehills LLP, Share (finance), Leasehold estate, Limited liability company, Debt, Mortgage loan, Joint-stock company, Gulf Cooperation Council
    Location:
    United Arab Emirates
    Firm:
    Herbert Smith Freehills LLP
    Cross-border restructurings using offshore companies
    2011-08-17

    In the current economic climate, there has been increased interest from clients and their advisers in using offshore companies in cross-border restructurings. The use of offshore companies in restructurings is often driven by tax and structuring advice, where there is a desire to continue the group operating as a going concern and to achieve a favourable outcome for creditors (usually outside of formal insolvency proceedings).

    Such companies can offer a number of advantages when used as part of a restructuring plan, including:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Private Client & Offshore Services, Ogier, Share (finance), Bankruptcy, Shareholder, Interest, Option (finance), Capital gains tax, Stamp duty
    Authors:
    Bruce MacNeil
    Location:
    United Kingdom
    Firm:
    Ogier

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