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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...
17 November 2020
Pressure Points: Timely amendments to UAE Bankruptcy Law introduced to cover emergency situations
On 24 October 2020, the UAE Cabinet announced its decision to amend Federal Law No. 9 of 2016 (the “Bankruptcy Law”) by adding certain provisions to allow for business continuity during emergency situations, including pandemics and natural disasters. This is a timely amendment to the Bankruptcy Law...
06 November 2020
That’s Gold: Federal Court gives Gascoyne DOCA the green light
On 29 September 2020, the Federal Court of Australia published its much anticipated decision in Habrok (Dalgaranga) Pty Ltd v Gascoyne Resources Ltd [2020] FCA 1395, dismissing Habrok’s attempt to set aside a Deed of Company Arrangement ( DOCA ). The DOCA had been the culmination of a 15 month...
29 September 2020
New restructuring and insolvency processes for small Australian businesses
The Australian Federal Government has announced significant insolvency law reforms that will affect small businesses with liabilities of less than $1 million. The reforms are expected to commence on 1 January 2021 and will introduce, among other measures, a new debt restructuring process and...
14 September 2020
Restructuring and turnaround: tax implications of financial restructurings (Germany)
Introduction Businesses are struggling. Many have lost a significant portion of their annual revenue as a result of lockdowns and other measures to prevent the spread of Covid19 during the first half of 2020.
03 August 2020
Governance: CORPORATE INSOLVENCY AND GOVERNANCE ACT 2020 - SOUNDBITE SERIES (UK)
Welcome to our soundbite series on the new Corporate Insolvency and Governance Act 2020 which came into effect on 26 June 2020. The provisions of the Act are complex and could have significant impact on companies in distress and their creditors, particularly landlords, suppliers, financial services...
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17 February 2022
Swedish Arbitration Days 2022
The Swedish Arbitration Association are hosting the Swedish Arbitration Days 2022, on the overarching theme Integrity in International Arbitration. Our Global Head of Arbitration, Paula Hodges QC will join a panel of globally prominent legal practitioners to discuss " Transparency v...
03 December 2021
Expansion to Australia’s sanctions regime passed by Parliament
On 2 December 2021 the Australian Parliament passed the Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Bill 2021 ( Bill ) introducing a new thematic sanctions regime to the Autonomous Sanctions Act 2011 ( Act ) and Autonomous Sanctions Regulations 2011 ( Regulations ).
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...
30 November 2021
Australian Employment, Industrial Relations and Safety Webinars
In case you missed it, you can access our previous Employment & IR briefing and Safety Leadership Series webinars below. Join our expert briefings for the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space. In these short sessions,...
29 November 2021
Launch of leading book on schemes of arrangement
After almost 9 years in the making, the much anticipated 4 th edition of Schemes, Takeovers and Himalayan Peaks: The Use of Schemes of Arrangement has finally been released in conjunction with the Ross Parsons Centre of Commercial, Corporate and Taxation Law at the University of Sydney.
26 November 2021
"Strategic Considerations in Cross-Border Investigations": Scott Balber and Pamela Terry contribute to Global Investigations Review’s “The Guide to International Enforcement of Securities Laws”
The chapter offers insight into how to navigate the modern complexities of cross-border securities investigations, in particular those involving the US Securities and Exchange Commission and the Department of Justice. It covers strategic considerations, the basics of coordination among...
24 November 2021
Global Bank Review: Triodos Spanish chief on ESG and remaking banking for the 2020s
Continuing our series of insights from senior industry figures, the Global Bank Review speaks with Mikel Garcia-Prieto Arrabal, Director General of sustainability pioneer Triodos Bank España. Mikel shares his views on how climate change and rising social obligations are impacting banks and how...
11 November 2021
Sustainable Innovation Forum at COP26: Rethinking Corporate Purpose
As part of COP26, the Sustainable Innovation Forum (8-10 November 2021) is a world class, high level summit to identify the breakthrough innovation and technologies that can be deployed and scaled now, and the importance of public–private partnerships and finance.
11 November 2021
LONDON CONSTRUCTION AND INFRASTRUCTURE DISPUTES GROUP AUTHORS CHAPTER IN GAR GUIDE TO CONSTRUCTION ARBITRATION
London-based Construction & Infrastructure Disputes Partners James Doe and David Nitek and Professional Support Lawyer Noe Minamikata have authored the chapter on 'Construction Arbitration and Turnkey Projects' in the fourth edition of Global Arbitration Review’s Guide to Construction...