Restructuration du droit de l'insolvabilité

eAlerts Récentes

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  04.05.2023

  England and Wales

  Re Avanti Com­mu­ni­ca­tions Ltd (In Ad­mi­nis­tra­tion) (2023): fixed or floa­ting charge – a spec­trum of con­trol?

  This briefing considers the recent case of Re Avanti Communications Ltd [2023] EWHC 940 (Ch) in which the English Court considered what was required to characterise a fixed charge, rather than a floating charge and the degree of control necessary to have a fixed charge. This is the first judgment discussing this distinction since the House of Lords’ (now the Supreme Court) judgment in Re Spectrum Plus [2005] UKHL 41.The court held that a charge granted by Avanti Communications Limited (“Avanti”) over its HYLAS-3 satellite, network and ground stations, orbital slots, licences and...

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  04.05.2023

  United Kingdom

  Su­preme Court rules again on boun­da­ries of vi­ca­rious lia­bi­lity – ap­plying the close con­nec­tion test

  In Trustees of the Barry Congregation of Jehovah’s Witnesses (Appellant) v BXB (Respondent), the Supreme Court had to consider whether the Watch Tower Bible and Tract Society of Pennsylvania (WTBTSP) was vicariously liable for the rape of a member of a Jehovah’s Witnesses congregation by a congregational elder. In concluding that it was not, the court has provided further clarification on the boundaries of vicarious liability, in particular the application of the “close connection” test. BackgroundMark Sewall was an elder in the Barry Congregation of Jehovah’s...

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  25.04.2023

  Middle East

  Cor­po­rate Tax Thought Lea­der­ship Se­ries: Anti-Abuse Rules for Small Bu­si­ness Re­lief

  BackgroundThe UAE enacted its Corporate Tax Law in December 2022 (Federal Decree-Law No. (47) of 2022 on the Taxation of Corporations and Businesses). The Corporate Tax Law applies with effect from 1 June 2023. A 9% tax rate will apply on income exceeding AED 375,000 (approx. US$102k). Despite its name, the Corporate Tax Law treats a natural person conducting business in the UAE as a “Resident Person”. Such a person’s business income would be subject to corporate tax in the UAE. Should the legislation not have extended the scope of the Corporate Tax Law to natural persons...

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  24.04.2023

  United Kingdom

  De­mys­ti­fying Bank Re­so­lu­tion

  Whilst the events surrounding HSBC’s acquisition of Silicon Valley Bank (“SVB”) demonstrated that the UK bank resolution regime worked well, regulators and firms will now be scrutinising resolution plans, the potential impact of a bank resolution and measures which can be taken to minimise risks.  But what is bank resolution?  In this note we seek to explain this, the effect of resolution for a counterparty of a resolved firm and how firms can prepare for a resolution.Please click here to read the briefing.

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  20.04.2023

  United Kingdom

  Loan to Va­lue de­fault?

  Geopolitical and macroeconomic challenges continue to press the commercial real estate market. In this finance briefing we consider the key initial steps and issues for lenders and borrowers facing a potential default of a loan to value financial covenant in an investment loan agreement.  We discuss the legal and practical considerations involved with commissioning the property valuation, the loan to value calculations, possible cure rights and the initial options potentially available for lenders and borrowers. There are wider considerations when considering a LTV default for a...

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  17.04.2023

  Middle East

  The le­gal fra­me­work for sus­tai­nable fa­mily bu­si­nesses in the King­dom

  BackgroundThe new Saudi Companies Law issued through Cabinet Decision No 678/1443 is a landmark legislation that has sown the seeds for a sustainable family business ecosystem. The provisions regarding family businesses introduced by the Companies Law are in pursuance of the economic objectives underpinned in the country’s landmark Vision 2030.Family CharterMost importantly, the Companies Law has introduced an institutional legal cover to family businesses. The founders, partners and shareholders of family-owned enterprises can now conclude a “family charter” (or a family constitution)...

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