For the benefit of our clients and friends investing in European distressed opportunities, our European Network is sharing some current developments.

Recent Developments

Much has been made in the press regarding the news that Companies House is considering amending its current policy of retaining the records of dissolved businesses for 20 years post dissolution. This motion has reportedly been born out of a decision by the European Court of Justice in spring 2014 to ‘create a right to be forgotten.’

Earlier this year it was announced that the UK’s Financial Assistance Scheme (“FAS”) would close to applications from 1 September 2016.

This does not affect pension plans that are currently progressing through the notification and qualification process or pension plans that have already qualified for assistance. However, any qualifying pension plans that have not yet started the process need to move quickly as they now have less than a month to make a notification to the FAS.

The process of Brexit will take many years, and the implications for our clients’ businesses will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and working with clients on key concerns and issues, now and in the coming weeks and months. We will also continue to provide MoFo Brexit Briefings on a range of key issues. We are here to support you in any and every way that we can.

Following the referendum…and after Brexit

On 23 June 2016, a 52% majority of the British people voted in favour of leaving the European Union. It is unclear the extent of the effect this will have, but restructuring and insolvency professionals face an uncertain future if the EC Regulation on Insolvency Proceedings 2000 and the Recast Insolvency Regulation, which replaces it in 2017, cease to apply to cross border restructurings in the UK.

Der britische Wähler hat gesprochen und sich mit knapper Mehrheit für den Austritt des Vereinigten Königreichs aus dem „Projekt Europa“ entschieden.

Obwohl noch nicht feststeht, wann die Briten Artikel 50 des EU-Vertrags aktivieren werden, lohnt es sich bereits jetzt, über die rechtlichen Konsequenzen eines Austritts nachzudenken. Denn sollte es hierzu kommen, bleibt dieser – gerade im sensitiven Bereich des grenzüberschreitenden Rechtsverkehrs - nicht folgenlos:

1.Mögliche Unwirksamkeit von Gerichtsstandsvereinbarungen zugunsten britischer Gerichte

Introduction

Back to the future – but no idea when What Brexit could mean for the Anglo-European restructuring industry What happens now? On 23 June 2016, the UK voted to leave the European Union. The nature of the UK’s relationship with the EU and the rest of the world, post-Brexit (if and when Brexit happens), is uncertain. So what do we know? Actually, we do know several things: – Legally speaking, the referendum result has no immediate effect. It is only advisory.

This edition of Global Insight comes to you shortly after the United Kingdom voted to leave the European Union.

Brexit is now a reality; what lies ahead for restructuring and insolvency law? These views are limited to English law and do not apply to credit institutions and insurance undertakings, which are subject to their own regimes in the UK and across the EU.

What, when, how? No change in the short term