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    The Register of Overseas Entities From a Restructuring and Insolvency Perspective
    2023-01-05

    This guide should not be relied on as a definitive guide to the legislation and should not be relied on as legal advice. The particular circumstances of any situation will need to be considered to determine if the overseas entity is one that is captured by the legislation, if the estate is a qualifying estate, and whether the beneficial owners need to be registered. As a result, this guide is intended only as a high-level overview.

    This guide covers the position of property and land situated in England and Wales only. 

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, White Collar Crime, Squire Patton Boggs, Beneficial ownership, Anti-money laundering, Insolvency, Economic Crime (Transparency and Enforcement) Act 2022 (UK)
    Authors:
    John Alderton , Russell Hill , Devinder Singh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Cross Border Recognition, 25 years on: the view from each side of the Pond
    2022-12-13

    The recent decision in Re Astora Women’s Health LLC illustrates the importance of cross-border recognition of insolvency processes, highlighting the benefits of a joined-up global approach which recognises that modern business do not stop for international borders.

    With Astora hot off the presses and the twenty-fifth anniversary of the UNCITRAL Model Law on the horizon the team at SPB have taken stock of the cross-border recognition framework from the perspective of the UK and the US.

    Astora

    Filed under:
    European Union, Global, United Kingdom, USA, Insolvency & Restructuring, Litigation, Public, Squire Patton Boggs, Insolvency, UNCITRAL
    Location:
    European Union, Global, United Kingdom, USA
    Firm:
    Squire Patton Boggs
    Claims Agents Beware: Business Arrangement With Claims-Trading Platform Raises Court’s Concern
    2022-11-28

    Online claims-trading platform Xclaim Inc. came under scrutiny this past summer in the Madison Square Boys & Girls Club Inc. bankruptcy case pending in the United States Bankruptcy Court for the Southern District of New York. Since at least 2019, Xclaim has executed agreements with at least five notice and claims agent firms to synchronize their proofs of claim registers with Xclaim’s website where such claims are posted for sale.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Kyle F. Arendsen
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Which issues affecting the insolvencies of failed energy companies has the court clarified?
    2022-11-16

    On 11th November 2022, Mr Justice Zacaroli handed down judgment on an application for directions made by the officeholders of ten different energy supply companies (“ESC” or “ESCs”) seeking clarification on issues arising in the insolvencies of the ESCs which had not previously been the subject of judicial consideration.

    In terms of quantum, the issues were valued at in excess of a hundred million pounds across the ten insolvencies and potentially many more millions of pounds on other ESC insolvencies not before the court.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Unjust enrichment
    Authors:
    Devinder Singh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Standing to Challenge Courts Likely to Continue Assisting Stakeholders
    2022-11-08

    External administrators often occupy quasi-judicial offices which, among other things, require them to:

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Corporate governance, Insolvency, UK Supreme Court
    Authors:
    Masi Zaki
    Location:
    Australia
    Firm:
    Squire Patton Boggs
    To Complete or not to Complete - “Early” Completion of Company Voluntary Arrangements (UK)
    2022-11-10

    Can a Company Voluntary Arrangement (“CVA”) complete, but still remain in place and bind creditors?

    The simple answer is yes; but it does require (a) the terms of the CVA to be carefully drafted to allow notice of completion to be filed before the end of the CVA term; (b) compliance with the terms of the CVA, and (c) careful consideration of the position of the supervisors, creditors and company.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Insolvency
    Authors:
    Rachael Markham , Emily Davis , John Alderton
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Standing to Challenge: Will the Australian Courts Continue to Assist Aggrieved Stakeholders as the Economic Uncertainty Remains?
    2022-11-09

    Insolvency practitioners (IPs) often occupy quasi-judicial offices which, among other things, require them to, assess and adjudicate on competing claims, take coercive and enforcement actions and complete potentially contentious transactions. They must discharge their legal and equitable duties whilst maintaining objectivity and, whilst recognising and appropriately balancing the interests of a diverse range of stakeholders.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Insolvency
    Authors:
    Masi Zaki
    Location:
    Australia
    Firm:
    Squire Patton Boggs
    Germany’s Insolvency Code Amended In Light of Current Economic Crisis
    2022-11-08

    The Law on the Temporary Adaption of Restructuring and Insolvency Law Provisions to Mitigate the Consequences of the Crisis (SanInsKG) was published in the German Federal Gazette (Bundesanzeiger) today (8 November 2022) and will become effective in German law tomorrow (9 November 2022), following a very quick legislative process.

    Purpose of the SanInsKG

    SanInsKG is intended to address the difficulty of companies assessing their solvency in the current economic climate.

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Supply chain, Coronavirus, Insolvency
    Authors:
    Andreas Lehmann
    Location:
    Germany
    Firm:
    Squire Patton Boggs
    Not So Hastie Decisions Liquidators’ Proprietary Interest Claims in Proceeds of Performance Bonds Rejected and Head-contractor Statutory Set-off Rights Upheld
    2022-11-02

    The Hastie Group Ltd. (liquidators appointed), and its related entities, fell into external administration on 28 May 2012. 

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Corporations Act 2001 (Australia)
    Authors:
    Masi Zaki
    Location:
    Australia
    Firm:
    Squire Patton Boggs
    Substantial Connections and Extended Moratoriums Why the Insolvency, Restructuring and Dissolution Act 2018 (IRDA) May Continue to Attract Restructuring Proponents to Singapore
    2022-11-01

    The economic landscape continues to remain challenging, or, in some cases, looks to be getting worse, thereby impacting trading conditions across borders. It is likely that in most jurisdictions, trading conditions will worsen before they stabilise and, ultimately, improve.

    Filed under:
    Australia, Global, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Insolvency, UNCITRAL
    Authors:
    Masi Zaki
    Location:
    Australia, Global
    Firm:
    Squire Patton Boggs

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