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05 December 2022
WHAT THE CRYPTO WINTER MEANS FOR INSOLVENCY
With distress in crypto hitting headlines and the emergence of high-profile insolvencies and distress in the market in recent months, our UK restructuring, turnaround and insolvency team consider the key risks and legal issues facing the industry and investors.
16 September 2022
Raising Capital in Uncertain Times
In this webinar Partners Paul Apathy and Clayton James, with our co-Head of Venture Capital Elizabeth Henderson and special Guest Panel Member Marcus Derwin, Managing Director, R Cubed, reflected on the current market for expansion capital raising and how founders, companies and investors can...
30 August 2022
Reform of Spanish Insolvency Law
The Spanish government has very recently approved a reform of the Spanish Insolvency Law, which will enter into effect within 20 days of its publication in the Spanish Official State Journal (Boletín Oficial del Estado), except for the third book of the restated Spanish Insolvency Law, which will...
20 July 2022
‘Safe harbour’ protections may help Australian startups and scaleups ride out the current storm
With a tightening market for capital, the ‘safe harbour’ protections may be critical for Australian startups and scaleups who are unsure if they can raise more capital within their current cash runway or who need to raise through debt securities like convertible notes. Relying on ‘safe harbour’...
03 December 2021
Directors, Insolvency Practitioners and Third Parties Must Tread Carefully as New Pensions Offences Lie in Wait for the Unwary
The Pension Schemes Act came into effect on 1 October 2021 introducing the possibility of criminal prosecution where the restructuring arrangements or corporate actions of directors, lenders, investors, advisers and other parties might affect the interests of a defined benefit pension scheme. The...
06 October 2021
Webinar: Cross-border restructurings: how UK schemes may benefit businesses in Asia Pacific
Jurisdictions across the globe have sought to expand their restructuring toolkits – spurred on by Governments seeking to support business during the pandemic. This has had a significant impact on the options available when restructuring business in Asia Pacific.
20 July 2021
Virgin Territory: What are the Implications of Restructuring Plans for Defined Benefit Pension Schemes?
The judgment in Re Virgin Active Holdings Limited [2021] EWHC 1246 has empowered the use of restructuring plans under Part 26A to the Companies Act 2006 (‘RPs’) to compromise the rights of unsecured creditors based on evidence that they would receive little or no return on an insolvency.
01 June 2021
Pensions Regulator Outlines Scope of New Pensions Criminal Offences but Uncertainty Remains
The UK Pensions Regulator has published its draft policy on investigating and prosecuting the new pensions criminal offences, which are due to come into force this Autumn. In this article for International Corporate Rescue, Samantha Brown and John Whiteoak consider the mixed messages contained in...
24 May 2021
Mutual recognition of insolvency in Hong Kong and Mainland China – first steps
Initial arrangements have been put in place for mutual recognition and assistance to be provided by courts in Mainland China and Hong Kong in respect of corporate insolvency proceedings. This is a significant and long awaited development which could substantially enhance the ability for cross...
13 May 2021
Part 26A restructuring plans - most significant change in 20 years
In what is likely to be the most significant change to the UK restructuring and insolvency market since the Enterprise Act 2002, the Court has yesterday 1 paved the way for restructuring plans under Part 26A to the Companies Act 2006 ("RPs") to be used to compromise the rights of landlords,...
21 January 2021
Proposals by the Indian Ministry of Corporate Affairs for a new Prepackaged Insolvency Resolution Process
Background and purpose of the proposals On 8 th January proposals for a new ‘Prepackaged Insolvency Resolution Process’ ("PIRP") were issued by the Indian Ministry of Corporate Affairs for public consultation, and we have considered them from a foreign perspective. The proposals are continuing...
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03 February 2023
New UAE Commercial Agencies Law comes into force
Last year, we published an e-bulletin on the key changes that had been announced to the draft UAE Commercial Agencies Law. Following the passage of Federal Law No. 3/2022 in December 2022 (the " Commercial Agencies Law "), these changes are now in-force. Below we have provided a re-cap of the key...
25 January 2023
M&A STANDPOINT: Formal sale processes: A useful tool to solicit offers or a last resort?
FSPs were created to encourage a competitive and confidential sale process under the Takeover Code, but often they may signal that a company has run out of options. However, a number of companies have elected to launch FSPs in recent months, so when is an FSP is the right choice for a company?
24 January 2023
Global M&A Outlook 2023: Automotive Electric and digital revolutions still drive M&A
The automotive sector is currently experiencing two inflection points at the same time: an electric vehicle revolution, as the industry transitions from the internal combustion engine (ICE) to zero emission vehicles (ZEV) including battery electric vehicles (BEV) as part of the wider...
24 January 2023
Global M&A Outlook 2023: Consumer 2022 was a challenging year compared to 2021
M&A in the consumer sector slowed throughout 2022 as compared to the buoyant trends in 2021. Macro-economic issues and global headwinds have meant a tougher environment for consumers, particularly with record-breaking inflation adding to the cost of living and turning the screws on household...