Restructuring & Insolvency

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  • Key amendments to the debt restructuring regime in Singapore


    Submitted: 04 April 2017

    In a bid to promote Singapore as an international debt restructuring hub, the Singapore Companies Act has been amended. Some of these amendments introduce features drawn from Chapter Eleven of the United States Bankruptcy Code - for instance, the introduction of rescue financing provisions and cram down provisions for dissenting classes of creditors in Schemes of Arrangements. These amendments are expected to change the debt restructuring landscape in Singapore and will take effect soon. This article discusses some of the key amendments.

  • Addressing issues for asset managers and financial institutions in the context of Brexit


    Submitted: 24 August 2016

    Discussion of the potential impact of Brexit on Financial Institutions and asset managers and investment funds including group structures, rationalising legal entities and moving operations, and how they will maintain access to the Single Market.

  • A review of the Corporate Insolvency Framework - a consultation on options for reform


    Submitted: 20 July 2016

    ​A review of the recent proposals made in May 2016 by The Insolvency Service in its paper entitled "A Review of the Corporate Insolvency Framework - A consultation on options for reform".

  • German Federal Supreme Court Verdict


    Submitted: 10 June 2016

    German Federal Supreme Court verdict creates significant legal uncertainty regarding enforceability of contractual netting under German law.

  • Redrow redacted: VAT and third party consideration


    Submitted: 31 May 2016

    Gary Barnett and Nick Skerrett’s Tax Journal article considers the Supreme Court decision in Airtours that a company paying for a corporate restructuring review addressed to its major creditors was not entitled to input VAT recovery since no supply was made to the company in return for the payment.

  • Brexit: the implications for banking


    Submitted: 11 February 2016

    An overview of the possible implications for the banking sector of a UK exit from the EU.

  • When merger control applies in the context of insolvency: the concept of economic continuity


    Submitted: 18 December 2015

    ​The UK Supreme Court has confirmed that UK merger control may apply when something more than bare assets are acquired from an insolvent business.

  • The Three “Rs” - Recovery, Resolution & Recognition


    Submitted: 23 November 2015

    Courts in England and Germany have adopted similar approaches when recognising the exercise of a resolution tool by another Member State under the European Bank Recovery and Resolution Directive.

  • Lease forfeiture and tenant administration


    Submitted: 20 November 2015

    A recent high court decision considered whether the landlord of a tenant in administration should be permitted to forfeit the lease.

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