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    Russian legislation update - February – March 2014
    2014-03-05

    Banking

    On 25 October 2013 the Bank of Russia approved Regulation No. 408-P “On the Procedure for Assessing Compliance with the Requirements to Qualification and Business Reputation…”

    The Regulation was registered by the Ministry of Justice on 26 December 2013.

    Filed under:
    Russia, Banking, Capital Markets, Employment & Labor, Immigration, Insolvency & Restructuring, Litigation, Projects & Procurement, White Collar Crime, White & Case, Shareholder, Board of directors
    Authors:
    Igor Ostapets , Irina Dmitrieva
    Location:
    Russia
    Firm:
    White & Case
    Russian law aspects of insolvency
    2012-01-23
    1. INTRODUCTION

    A simple, clear and effective insolvency regime is a vital element in attracting both domestic and foreign investment in a jurisdiction like Russia. To be effective, an insolvency regime has to balance the interests of various classes of creditors, as well as the interests of creditors generally in relation to other interested parties, such as shareholders or participants. An insolvency regime is expected to give the debtor an opportunity to discharge its obligations and continue its business activity.

    Filed under:
    Russia, Insolvency & Restructuring, Hogan Lovells, Legal personality, Shareholder, Debtor
    Authors:
    Michael Pugh , Alexander Rymko , Eugene Perkunov
    Location:
    Russia
    Firm:
    Hogan Lovells
    Combating illegal financial operations
    2013-08-13

    28 June 2013 the Russian President signed Federal Law No. 134-FZ amending a number of laws in relation to combating illegal financial operations.

    The Law amended, in particular, the Law on Banks and Banking Activity, the Anti-Money Laundering Law, the Criminal Code and the Code of Administrative Offenses, the Law on State Registration of Legal Entities, the Bankruptcy Law, laws regarding certain financial organizations, and the Tax Code. Below is a summary of the key changes (save for those made to the Tax Code).

    Filed under:
    Russia, Banking, Insolvency & Restructuring, White Collar Crime, White & Case, Shareholder, Security (finance), Money laundering
    Authors:
    Igor Ostapets , Natalia Nikitina
    Location:
    Russia
    Firm:
    White & Case
    Insolvency and restructuring: changes proposed by the State Duma
    2008-12-22

    The business community is going to see an increase in default claims due to the mounting credit crisis. Many companies will not survive in such an environment and a wave of insolvencies is likely to ensue. The prospect of this has forced the State Duma to focus on developing a robust response. New bills, which would transform the Russian insolvency landscape, are currently under consideration.

    Filed under:
    Russia, Insolvency & Restructuring, Dentons, Bankruptcy, Costs in English law, Shareholder, Mortgage loan, Liability (financial accounting), Negligence, Professional liability insurance, International Swaps and Derivatives Association, State Duma
    Location:
    Russia
    Firm:
    Dentons
    Insolvency and restructuring changes proposed by the State Duma
    2009-01-14

    The business community in Russia is going to see an increase in default claims due to the mounting credit crisis. Many companies will not survive in such an environment and a wave of insolvencies is likely to ensue. The prospect of this has forced the State Duma to focus on developing a robust response. New bills, which would transform the Russian insolvency landscape, are currently under consideration.

    Filed under:
    Russia, Insolvency & Restructuring, Dentons, Bankruptcy, Costs in English law, Shareholder, Debtor, Mortgage loan, Liability (financial accounting), Negligence, Default (finance), Professional liability insurance, International Swaps and Derivatives Association, State Duma
    Location:
    Russia
    Firm:
    Dentons
    Scheme of arrangements – a tool for restructuring?
    2015-07-31

    Introduction

    Filed under:
    Singapore, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Rodyk & Davidson LLP, Shareholder, Singapore Exchange
    Authors:
    Nigel CHIA , WONG Hui Yi
    Location:
    Singapore
    Firm:
    Rodyk & Davidson LLP
    Foreign liquidators of unregistered foreign companies
    2011-03-21

    Introduction

    The Singapore High Court has confirmed that it will recognize the status and powers of a foreign liquidator in the liquidation of an unregistered foreign company in Singapore.

    Life cycle of a company

    Statistics from the Accounting and Corporate Regulatory Authority ("ACRA") of Singapore reveal that the increasing number of companies formed in Singapore (2004:17,151; 2009:26,414) is matched by a corresponding increase in the number of companies ceasing operations (2004:5,882; 2009:22,388).

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Rodyk & Davidson LLP, Share (finance), Bond (finance), Shareholder, Security (finance), Option (finance), Debt, Liquidation, Liquidator (law), Tax haven, Subsidiary, Singapore Exchange, Companies Act, Singapore High Court
    Location:
    Singapore
    Firm:
    Rodyk & Davidson LLP
    What board members and executives should know about impact of the Proposed Amendment to the Commercial Code on Personal Liability?
    2017-07-27

    Are you already a board member or executive of a Slovak company or about to become one? If so, you should know about the proposed amendment to the Slovak Commercial Code. The amendment aims to address the so-called “white horses” and “tunneling (asset stripping)” of the companies.

    Filed under:
    Slovakia, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Bankruptcy, Shareholder, Board of directors, Liquidation, Joint-stock company
    Authors:
    Jana Pagácová
    Location:
    Slovakia
    Firm:
    Squire Patton Boggs
    Insolvency legislation faces its first real test
    2011-03-07

    The economic crisis presents a real-life test for the Slovenian insolvency legislation, unequalled in its young history. Numerous insolvency proceedings against Slovene companies have revealed several serious flaws of the Insolvency Act and forced the legislator into continuous amendments.

    Filed under:
    Slovenia, Insolvency & Restructuring, Schoenherr, Share (finance), Bankruptcy, Shareholder, Debtor, Interest, Debt, Credit risk, Entrepreneurship, Fourth Amendment, Default (finance), Sole proprietorship
    Authors:
    Jernej Jeraj , Matthias Wahl
    Location:
    Slovenia
    Firm:
    Schoenherr
    Pooling of assets in Rwanda: what message does the new Insolvency Law send to corporate groups?
    2018-07-09

    It has been long-established by the classic fundamental principles of corporate law that companies are separate and distinct persons from their shareholders, directors and officers. From this flows the general principle that it is the company, and the company alone, that can be liable for its obligations. This holds even in cases of companies linked by direct and indirect share participation and which are, in their entirety, dominated by a parent company, often a mere holding company without any business activity. These are referred to in corporate jargon as “corporate groups”.

    Filed under:
    South Africa, Company & Commercial, Insolvency & Restructuring, ENS, Shareholder, Liquidation, Parent company
    Authors:
    Dieudonné Nzafashwanayo
    Location:
    South Africa
    Firm:
    ENS

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