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    English Court considers whether a transfer of shares is good consideration to a validate a charge
    2022-12-08

    Re Bitumina Industries Ltd (in administration); Manning and another v Neste AB and another [2022].

    This was an application by joint administrators for directions on the validity of a floating charge granted to a connected party at a 'relevant time' and seemingly invalid under s245 of the Insolvency Act 1986 (the Act).

    Background

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Taylor Wessing, Insolvency
    Authors:
    Callum Chamberlain , Louise Jennings
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Insolvencies: Predictions for the year ahead
    2022-12-07

    Will 2023 be a year of administrations?

    In our last article, we discussed the prospect of 2022 being a year defined by inflation – a point that was only heightened by a weekend of tepid Black Friday sales for retailers.

    Filed under:
    United Kingdom, Insolvency & Restructuring, FRP Advisory, Supply chain, Coronavirus, Insolvency
    Authors:
    Michelle Elliot
    Location:
    United Kingdom
    Firm:
    FRP Advisory
    Substantial disposals by administrators in the first 8 weeks: when is the purchaser a connected person?
    2022-12-05

    David Pollard has been looking at the statutory provisions dealing with substantial disposals by a company in administration in the first 8 weeks of the administration. When is a potential purchaser a connected person under the new provisions that come into force at the end of April 2021? The new legislation was the Administration (restrictions on Disposals etc to Connected Persons Regulations 2021 and para 60A in Schedule B1 to the Insolvency Act 1986.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Wilberforce Chambers, Insolvency
    Authors:
    David Pollard
    Location:
    United Kingdom
    Firm:
    Wilberforce Chambers
    What the crypto Winter means for insolvency- With distress in crypto hitting headlines, we unpack the key risks and legal issues facing the industry and investors
    2022-12-05

    There has been no shortage of high-profile insolvencies in the crypto market in recent months across a range of market participants and geographies. These include the US Chapter 11 and Bahamas provisional liquidation of FTX as well as the US Chapter 11 filings of BlockFi, Singapore-based crypto hedge fund ThreeArrows Capital, US-based lenders Celsius Network and Voyager Digital, US-based crypto mining data centre Compute North and German crypto bank Nuri.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Blockchain, Bitcoin, Cryptocurrency, Non-fungible tokens, Financial Conduct Authority (UK)
    Authors:
    John Chetwood , Andrew Cooke , Philip Lis , Alex Cravero , Vrinda Vinayak
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    English court approves scheme despite creditors being subject to Russian sanctions
    2022-12-02

    Background
    Decision
    Key takeaways


    The recent High Court decision in Re Nostrum Oil & Gas plc [2022] EWHC 2249 (Ch) considers a scheme of arrangement where creditors are the target of Russian sanctions.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Taylor Wessing
    Authors:
    Louise Jennings
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Mitigating supply chain insolvency risk
    2022-11-30

    Careful contract negotiation can limit the potential damage from insolvency in a construction firm’s supply chain.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Stevens & Bolton LLP, Supply chain, Due diligence, Insolvency, Corporate Insolvency and Governance Act 2020
    Authors:
    Kimberley Eyssell , Lucy Trott
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    When is an Event of Default no longer "continuing" under the ISDA Master Agreement?
    2022-11-30

    When an Event of Default is "continuing" is not defined or addressed in the ISDA Master Agreement. Until now it does not appear to have been expressly considered in case law either.

    Filed under:
    European Union, United Kingdom, Derivatives, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, International Swaps and Derivatives Association
    Authors:
    Edward Davis , Rebecca Garrick
    Location:
    European Union, United Kingdom
    Firm:
    Stephenson Harwood LLP
    What is the state of crypto regulation after FTX’s collapse?
    2022-12-01

    FTX was the third-largest cryptocurrency exchange at one point, but came crashing down to earth in 2022 and filed for bankruptcy in the US on 11 November. The platform’s downfall has reignited the debate around the regulation of cryptocurrencies globally and in specific jurisdictions. Marc Jones considers the arguments here.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Stewarts, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), Bank of England, Financial Services and Markets Act 2000 (UK)
    Authors:
    Marc Jones
    Location:
    United Kingdom
    Firm:
    Stewarts
    董事对债权人的责任在何时产生?
    2022-11-28

    简介

    英国最高法院最近在BTI 2014 LLC v Sequana S.A. [2022] UKSC 25一案中颁下了重要裁决,其重要之处在于最高法院深入探讨了董事考虑债权人权益的责任,是只需出现真正的无力偿债风险便已触发,还是在相当可能或濒临无力偿债时才触发。

    背景

    本案的第二及第三答辩人为AWA公司(「该公司」)的董事。于2009年5月,他们安排该公司向该公司唯一股东(「第一答辩人」)派发1.35亿欧元的股息(「该股息」),以抵销第一答辩人结欠该公司的债务。该公司在支付该股息时,其资产负债表及现金流均处于具偿债能力的状况。然而,该公司有一项与污染相关而金额未定的长期或然负债,导致该公司产生未来可能无力偿债的真正风险。

    Filed under:
    Hong Kong, United Kingdom, Insolvency & Restructuring, Litigation, ONC Lawyers, Insolvency, UK Supreme Court
    Authors:
    Ludwig Ng , Ivy Wang
    Location:
    Hong Kong, United Kingdom
    Firm:
    ONC Lawyers
    Mind the gap! Risks when purchasing property from insolvent companies
    2022-11-29

    When an individual or company purchases property in England or Wales, the legal title will transfer once the purchaser is listed as the registered proprietor at the Land Registry. However, what happens when, pending the registration of the legal interest, the seller company (who is still the registered proprietor) is dissolved? This is a risk seldom contemplated when purchasing property, but can have important consequences for the title of the property.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Brodies LLP, Insolvency, Insolvency Act 1986 (UK)
    Authors:
    Amina Jamil , Lucie Barnes
    Location:
    United Kingdom
    Firm:
    Brodies LLP

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