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    Law on Out-of-Court Financial Restructuring Comes into Force in Ukraine
    2016-10-21

    WHO OR AND OR the debtor and its related parties other creditors in relation to non-current unencumbered assets of the debtor tax, customs, treasury and state enforcement bodies, if their claims are less than 1/3 of all participating creditors’ claims Suspend for the term of restructuring any insolvency procedure against the debtor prior to the court’s ruling on the commencement of proceedings Prevent any other creditor to start insolvency proceedings against the debtor WHATcan a financial institution do?

    Filed under:
    Ukraine, Banking, Capital Markets, Insolvency & Restructuring, Tax, Kinstellar, Voting
    Location:
    Ukraine
    Firm:
    Kinstellar
    Legislative light at the end of the tunnel: Ukraine's new financial restructuring law
    2016-11-14

    At last, a legislative light has appeared at the end of the long dark tunnel of Ukraine's financial sector.

    Adopted on 14 June 2016 and published on 19 June 2016, Ukraine's new law "On Financial Restructuring" No. 1414-VII (the "Financial Restructuring Law") is effective for a period of only three years from 19 October 2016 until 19 October 2019.

    Filed under:
    Ukraine, Banking, Insolvency & Restructuring, Tax, DLA Piper
    Authors:
    Denise R. Hamer , Dmytro Pshenychniuk
    Location:
    Ukraine
    Firm:
    DLA Piper
    Doing Business in the United Arab Emirates
    2017-11-09

    I. Key facts

    What are the key facts on doing business in the UAE?

    When considering doing business in a foreign jurisdiction, an investor must consider a wide range of commercial, political and capital security issues that will impact the final decision of investing in a particular country.

    Over the last two decades the United Arab Emirates have proven itself to be a very attractive hub for investors to locate their business for many reasons, below are just a few of them:

    Filed under:
    United Arab Emirates, Banking, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, Tax, Fichte & Co, Bankruptcy, Value added tax, Limited liability company, Excise
    Location:
    United Arab Emirates
    Firm:
    Fichte & Co
    UK Crown Preference Returns - Creditors Beware!
    2020-04-16

    Background

    In the 2018 Autumn Budget, the Chancellor announced his intention to reintroduce Crown Preference with effect from 6 April 2020. Due to the attempts to prorogue Parliament and the General Election last year, the necessary legislation was not passed. However, it has now been introduced in the Finance Bill 2020, with the later start date of 1 December 2020.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Katten Muchin Rosenman LLP, Due diligence, HM Revenue and Customs (UK)
    Authors:
    Peter Englund , Charlotte Sallabank , Kumar Tewari
    Location:
    United Kingdom
    Firm:
    Katten Muchin Rosenman LLP
    There are as many opinions as there are experts: issues to consider when drafting reasoned legal opinions
    2020-04-14

    Legal opinions can be complex, and certain areas require the provision of reasoning to support the opining firm’s conclusion. Parties should discuss and agree the scope of legal opinions as early as possible within the life cycle of a deal. This article discusses some common areas for consideration.

    WHAT IS A LEGAL OPINION AND WHY IS IT USED?

    Legal opinions are formal letters typically provided to confirm a specified legal position in relation to a document or a suite of transaction documents.

    For example, a firm practising English law may be asked to opine on whether:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Legal Practice, Litigation, Tax, Stevens & Bolton LLP, Power of attorney, UK Supreme Court
    Authors:
    Andrew Dodds
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    COVID-19 Pandemic: Key UK Government and Bank of England Initiatives to Support Businesses
    2020-04-15

    * On March 30, 2020, Fried Frank published a memorandum titled COVID-19 Pandemic: Key UK Government and Bank of England Initiatives to Support Businesses ("March 30 Memorandum"). In light of the rapidly developing situation and government response, the March 30 Memorandum has been updated to include the latest guidance provided by the UK Government, in particular as to employment retention initiatives and loan schemes, and is current as of April 15, 2020.

    Filed under:
    United Kingdom, Banking, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Tax, Fried Frank Harris Shriver & Jacobson LLP, Coronavirus, European Commission, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Q&A: How should UK Insolvency Practitioners deal with active cases during COVID-19?
    2020-04-09

    COVID-19 and Government-imposed restrictions are placing an unprecedented strain on everyone and businesses and individuals may be facing extreme financial pressure. COVID-19 is impacting businesses throughout the supply chain in most, if not all, sectors. This may mean that clients and debtors are unable to meet their obligations and there may need to be changes as to how these are dealt with. This note aims to provide some guidance to help Insolvency Practitioners (“IPs”) deal with certain practical issues that may arise in active cases.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Squire Patton Boggs, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    John Alderton , Emily Davis
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Sports clubs in the lurch? - Considering the eligibility of players for the Government’s furlough scheme
    2020-04-06

    The restrictive measures imposed in an attempt to curb the spread of Covid-19 are creating an unprecedented and often existential challenge for businesses across the globe, and sports clubs are no exception. Indeed, given the suspension of almost all sports, sports clubs are amongst the worst hit, as most sources of revenue dry up including (depending on where they fall within the pyramid) ticket sales, subs, and revenue gained from hiring out venues for concerts, conferences and other private events.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Leisure & Tourism, Tax, Littleton Chambers, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Stuart Sanders
    Location:
    United Kingdom
    Firm:
    Littleton Chambers
    COVID-19: Skype hearings? Are you winding me up?
    2020-04-06

    As a creditor, especially during the current Covid-19 crisis, it may be tempting to accept all and any payments from debtors.

    Payments that a debtor company makes to you during the period where there is a winding-up petition in place will be a void disposition, under section 127 of the Insolvency Act 1986, unless there is an application to the Court and receipt of what is known as a “validation order,” allowing you to keep the money.

    What’s happening in real life?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Brecher LLP, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Anastasia Hammond
    Location:
    United Kingdom
    Firm:
    Brecher LLP
    COVID-19 (UK): Small mercies - HMRC clarify position on insolvency proceedings
    2020-04-06

    In a move that will be greeted with a small sigh of relief by individuals, businesses and insolvency practitioners affected by the coronavirus pandemic (COVID-19), HM Revenue and Customs (HMRC) has published new guidance on its approach to insolvency procedures.

    The guidance covers:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Squire Patton Boggs, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Robert O'Hare
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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