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    Further suspension of UK wrongful trading laws introduced
    2020-11-26

    On 26 November 2020, The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Suspension of Liability for Wrongful Trading and Extension of the Relevant Period) Regulations 2020 (the “Regulations”) came into force.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Coronavirus
    Authors:
    Devinder Singh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Reflections on COVID-19 - Views from Italy
    2020-09-17

    In this blog we examine the economic impact of Covid-19 on the Italian economy, through an analysis of economic data relating to the lockdown period from February to May 2020, an assessment of the impact of the Italian government’s measures, and a view on what the future might look like for the Italian economy.

    How Has Covid-19 Impacted the Italian Economy?

    Filed under:
    European Union, Italy, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Coronavirus, European Commission
    Location:
    European Union, Italy
    Firm:
    Squire Patton Boggs
    Quick Guides to Directors’ Duties Across Europe Overview of Considerations for Directors When a Company Is in Financial Difficulty EMEA - 8 July 2020
    2020-07-08

    Different countries frame the exact description of the role of directors of a company in different terms. One feature is common to all – the obligation not to continue trading if a company is insolvent. Again, the detailed implications of doing so vary from one jurisdiction to another. However, this obligation not to continue wrongful trading is at the heart of trust in a market-based economic system.

    Filed under:
    European Union, Global, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Location:
    European Union, Global
    Firm:
    Squire Patton Boggs
    Changes to the UK Insolvency Regime - Ipso Facto and Termination of Supply Contracts EMEA - UK - 4 June 2020
    2020-06-04

    The UK Government has published the Corporate Insolvency and Governance Bill (the Bill) that proposes to make both temporary and permanent changes to the UK insolvency laws

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Walking the Tightrope of Wrongful Trading: Temporary “Suspension” of Liability in the UK Corporate Insolvency and Governance Bill
    2020-05-22

    On 20 May 2020, the UK Government introduced the Corporate Insolvency and Governance Bill (the “Bill”) to the House of Commons. The aim of the Bill was temporarily to amend corporate insolvency laws to give companies the best possible chance of weathering the storm of the COVID-19 pandemic.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Coronavirus, UK House of Commons
    Authors:
    Devinder Singh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19
    2020-05-06

    The Australian government has taken swift action to enact new legislation that significantly changes the insolvency laws relevant to all business as a result of the ongoing developments related to COVID-19.  

    Filed under:
    Global, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Coronavirus
    Location:
    Global
    Firm:
    Squire Patton Boggs
    Knowing your Focaccia from your Furlough - the UK Court serves up some clarification about furloughing employees where the company is in administration
    2020-04-16

    The High Court has delivered the first decision on the Coronavirus Job Retention Scheme (the “Scheme”), in the context of the Carluccio’s administration.

    As we have previously discussed (HERE), despite further clarification from HMRC over recent days, there remain some unanswered questions regarding the detailed operation of the Scheme, given that the Scheme’s exact legal framework has not been published.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Jon Chesman , Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Issues You May Face Update From the Insolvency Team in Poland
    2020-03-26

    With respect to the dynamic course of events regarding the coronavirus disease 2019 (COVID-19), commonly known as the "coronavirus", we address the threat of insolvency of Polish companies and related liability of the statutory bodies (management board members), and provide a list of practical mitigating steps.

    Insolvency Test of Your Company

    Pursuant to the Polish bankruptcy law, the company is insolvent if: a. It is not able to pay its liabilities when they fall due and if the

    Filed under:
    Poland, Insolvency & Restructuring, Squire Patton Boggs, General contractor, Board of directors, Coronavirus
    Location:
    Poland
    Firm:
    Squire Patton Boggs
    First cross-border insolvency case recognising Mainland China administrators in Hong Kong
    2020-02-17

    This article considers the landmark case by the Hong Kong Court of First Instance, in Joint and Several Liquidators of CEFC Shanghai International Group Ltd [2020] HKCFI 167. It is a significant step that the Hong Kong Courts have taken, enhancing cross-border insolvency cooperation between Mainland China and Hong Kong.

    Facts

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Nicholas Chan
    Location:
    China, Hong Kong
    Firm:
    Squire Patton Boggs
    What does the HMRC loan review mean for directors of insolvent businesses?
    2019-10-29

    The Government announced an independent review of HMRCs loan charge in September 2019. In this blog we consider the effect of the review on directors who have or are settling claims with HMRC and highlight that the review does not impact on potential claims against directors of insolvent businesses.

    Regardless of the outcome of the review, employee benefit trusts (“EBT”) which are not legitimate, are still tax avoidance schemes.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Tax, Squire Patton Boggs, HM Revenue and Customs (UK)
    Authors:
    Charles Draper
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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