Unternehmenssanierungen und Insolvenzverfahren

Aktuelle eAlerts

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  14.03.2023

  China

  Chi­na has ac­ce­ded to the Ha­gue Con­ven­ti­on of 5 Oc­to­ber 1961 Ab­olis­hing the Re­qui­re­ment of Le­ga­li­sa­ti­on for For­eign Pu­blic Do­cu­ments

  On 8 March 2023, the People's Republic of China (the "PRC") has (finally!) acceded to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the "Convention").The Convention between the PRC, as the acceding state, and other member states (which will not have raised an objection; see below) will enter into force as of 7 November 2023.This constitutes a long-awaited and very positive development.Please click here to read the full article.

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  07.02.2023

  Europe

  New M&A Re­port is now avail­able

  The Emerging Europe M&A Report 2022/23, published by CMS  in cooperation with EMIS, presents in detail M&A deal statistics from 15 countries in the region and looks at trends and investment activity across key sectors and markets. The key findings of the CMS Emerging Europe M&A Report include the following:M&A activity across Emerging Europe rose by 5.6% in volume to 1,229 deals, as compared to 2021. In contrast, the total deal value fell by 20%, to EUR 32.93bnCross-border deal activity was a strongpoint, up from 743 to 815 deals, although values fell from EUR 38.2bn to...

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  19.01.2023

  Großbritannien

  ABT Au­to In­vest­ments Ltd v Aa­pi­co In­vest­ment Pte Ltd – im­port­an­ce of agreeing com­mer­ci­al­ly re­a­sonable va­lua­ti­on me­thods

  In this Law-Now we discuss the recent case of ABT Auto Investments Ltd v Aapico Investment Pte Ltd [2022] EWHC 2839 (Comm) which involved the remedy of appropriation, an enforcement option available under the Financial Collateral Arrangements Regulations (“FCARs”). Appropriation may be used where security is created or arises under a security financial collateral arrangement and this is agreed between the parties. The FCARs were introduced in the UK to implement EU directives, the purpose of which was to simplify the process of taking security over financial collateral across the...

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  10.10.2022

  Großbritannien

  Su­pre­me Court ru­les on na­tu­re and ti­ming of di­rec­tors’ du­ty to con­sider credi­tors

  The Supreme Court’s long-awaited decision in the Sequana case (handed down on 5 October 2022)[1] is the first time that the UK’s highest court has been asked to consider the proposition that directors are, in certain circumstances, under a duty in respect of creditors’ interests as distinct from shareholders’ interests. The key takeaway points from this ‘momentous decision for company law’ (the words of Lady Arden who gave one of the leading judgments) are: English law does recognise a so-called “creditor duty” (also referred to as the “rule...

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  05.10.2022

  Großbritannien

  The Eco­no­mic Cri­me (Trans­pa­ren­cy and En­force­ment) Act – con­se­quen­ces for en­force­ment

  The land registration elements of the Economic Crime (Transparency and Enforcement) Act (“ECTEA”) came into force on 5 September 2022, 5 weeks after the new Companies House Register of Overseas Entities (the “OE Register”) became operational on 1 August 2022. This second stage of implementation has had an immediate impact on the registration of property acquisitions and new leases and security being taken over those acquisitions/leases. We have previously highlighted the consequences of ECTEA for real estate finance in The Economic Crime (Transparency and Enforcement) Act...

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  09.08.2022

  England and Wales

  Re­struc­tu­ring Plans – Credi­tors “out of the mo­ney” are “out of the vo­te”

  Summary Restructuring Plans (“Plan(s)”) were introduced by the Corporate Insolvency and Governance Act 2020 (“CIGA”) as a rescue tool for companies in financial difficulty to compromise debt and other liabilities owed to secured and unsecured creditors and its members, with the court’s sanction. One of the main features of a Plan is the ability for the court to sanction the Plan (if certain conditions are satisfied) even if one or more classes of creditors and/or members vote against it; as happened in Re Virgin Active [2021]. Although the challenge to Virgin Active’s...

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