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    The Small Business, Enterprise and Employment Act 2015: restructuring and insolvency
    2015-10-01

    Following Parliamentary approval in March 2015, this Implementation Timetable sets out the key dates and changes which have been published to date on the insolvency provisions of the Small Business, Enterprise and Employment Act. This timetable was updated in October 2015.

    We will, of course, provide confirmation and updates as and when further guidance is published.

    The Small Business, Enterprise and Employment Act

    When will the insolvency-related provisions come into force?

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Dentons
    Authors:
    Rachel Anthony , Sarah Lawson
    Location:
    United Kingdom
    Firm:
    Dentons
    FRC issues guidance on financial reporting
    2013-11-08

    FRC has issued guidance to banks' directors on financial reporting of solvency and liquidity risks, and the definition of going concern, in the context of post-crisis reforms and central bank and government support. (Source: Guidance for Directors of Banks)

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons
    Authors:
    Andrew Barber
    Location:
    United Kingdom
    Firm:
    Dentons
    FSA answers MF Global questions
    2012-04-13

    FSA has published a set of frequently asked questions designed to help readers understand MG Global’s insolvency position and investors’ rights under it. (Source: MF Global Investors – Your Questions Answered)

    Filed under:
    United Kingdom, Capital Markets, Insolvency & Restructuring, Dentons
    Authors:
    Josie Day
    Location:
    United Kingdom
    Firm:
    Dentons
    CBI responds to publication of the CRD4
    2011-07-29

     The CBI has responded to CRD4 publication saying it believes the Basel III reforms are "an important piece of the jigsaw to strengthen the global banking system", but that benefits from greater financial stability must be proportionate to the cost businesses will bear. In the CBI's opinion, the new rules:

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Insurance, Dentons, Economy, Prejudice, Basel III
    Location:
    United Kingdom
    Firm:
    Dentons
    When trade finance meets insolvency
    2010-06-09

    There has been an upturn in the frequency of trade finance workouts, restructurings and formal insolvencies. Drew Sainsbury looks at some key issues that banks face when trade finance lending passes to “bad bank”.

    The bank’s decisions at every stage of a trade finance transaction are critical: at origination; when following a workout/restructuring; and once a formal insolvency process becomes a reality.

    Origination

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Debtor, Collateral (finance), Credit risk, Liquidation, Payment protection insurance
    Location:
    United Kingdom
    Firm:
    Dentons
    Restructuring distressed companies – is it time for change?
    2009-07-16

    The European High Yield Association (a trade association representing participants in the European leveraged finance market) is calling for new restructuring laws, warning that the existing regime makes it more likely that a company in financial difficulties will collapse.  

    Libby Elliott looks at the proposals, which are designed to create a formal procedure for restructuring distressed companies.  

    The need for change

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Interest, Stakeholder (corporate), Leverage (finance), Distressed securities
    Location:
    United Kingdom
    Firm:
    Dentons
    Wrongful trading suspension 're activated' by UK Government leaving directors with a 2-month "gap" in protection during COVID 19 pandemic
    2020-11-26

    Today, new legislation comes into force* that provides directors of companies in financial difficulty with a second breathing space from the financial impact of the wrongful trading provisions.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Coronavirus
    Authors:
    Neil Griffiths , Ian Fox , Tessa Blank , Luci Mitchell-Fry
    Location:
    United Kingdom
    Firm:
    Dentons
    Implications of proposed moratorium and exclusion of directors' liability in the UK
    2020-04-07

    On 28 March 2020 the UK government announced that emergency measures will be implemented to provide protection to directors of companies which continue to trade notwithstanding the threat of insolvency, and to prevent, where possible, companies entering into insolvency due to COVID-19.

    The proposed measures are as follows:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Corporate governance, Coronavirus
    Authors:
    Derek McCombe , Neil Griffiths , Ian Fox , Tessa Blank , Celia Hayward , Richard Pallot-Cook , Douglas Blyth
    Location:
    United Kingdom
    Firm:
    Dentons
    Judgments - July 6th 2017 - Effective service by fax and valuation of securities in repo transactions
    2017-07-06

    LBI EHF (in winding up) v. Raiffeisen Zentralbank Österreich AG and Raiffeisen Bank International AG [2017] EWHC 522 (Comm)

    Filed under:
    United Kingdom, Capital Markets, Insolvency & Restructuring, Litigation, Dentons
    Authors:
    Clare Stothard , Steven Mills , Felicity Ewing
    Location:
    United Kingdom
    Firm:
    Dentons
    The small business, enterprise and Employment Act
    2015-05-22

    When will the insolvency-related provisions come into force?

    Following Parliamentary approval in March 2015, there has been a level of uncertainty around the implementation timeline for certain company law and insolvency provisions. In particular, many of the changes to the Insolvency Act 1986 will come into force without transitional provisions and so will apply automatically to existing insolvency proceedings.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons
    Authors:
    Rachel Anthony , Sarah Lawson
    Location:
    United Kingdom
    Firm:
    Dentons

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