Restructuring

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Practice notes
A guide to share purchase agreementsThis Practice Note provides an overview of the agreement for the sale and purchase of shares in a private limited...
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19th May
Practice notes
De facto and shadow directorsDefinition of 'director'The Companies Act 2006 (CA 2006) broadly defines a director as 'any person occupying the position...
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19th May
Practice notes
Tailoring a shelf companyA person wishing to set up a new company has the following options:•they can incorporate a new company in accordance with the...
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19th May
Practice notes
Alternate directorsThis Practice Note considers the appointment and removal of alternate directors, their status, powers, duties and liabilities and...
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19th May
Practice notes
Non-executive directors—independenceThe concept of independence is key to provisions in the UK Corporate Governance Code (UKCG Code) on board...
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Produced in partnership with Advanced Boardroom Excellence 19th May
Practice notes
G20/OECD Principles of Corporate GovernanceThis Practice Note discusses the Principles of Corporate Governance (Principles) published by the Group of...
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Produced in partnership with Professor Brenda Hannigan of University of Southampton 19th May
Practice notes
The Prospectus Regulation—key changes in comparison to the Prospectus Directive regimeThis Practice Note provides an overview of the implementation of...
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19th May
Q&As
Can a capital contribution/gift by a shareholder be treated as distributable reserves?The issue is whether capital contributions or gifts by a...
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Produced in partnership with Brenda Hannigan of Southampton University 19th May
Practice notes
The Transparency DirectiveThis Practice Note provides an overview of the implementation of and key changes introduced by the EU Transparency Directive...
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Produced in partnership with Mr Darragh Connell of Forum Chambers 19th May
Practice notes
Sub-division and consolidation of sharesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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19th May
Practice notes
Insider listsThis Practice Note considers the obligation of an issuer who issues or proposes to issue financial instruments which are within the scope...
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19th May
Practice notes
General meetings—notice requirements for private and unlisted public companiesA general meeting must satisfy certain requirements set out in the...
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19th May
Practice notes
Notifying changes in share capital to Companies House—statement of capitalCoronavirus (COVID-19): Following the coronavirus (COVID-19) outbreak, some...
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19th May
Q&As
Will a redesignation of shares constitute a variation of class rights?A redesignation of shares involves a change in the name of some or all of a...
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Produced in partnership with Julian Henwood of Gowling WLG 19th May
Q&As
What is the process for a redesignation of shares?This Q&A examines how a company may carry out a redesignation of shares, meaning a change in the...
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19th May
Practice notes
Financial assistance—a quick guideThe Companies Act 2006 (CA 2006) prohibits: •a public company (or its subsidiary) from giving financial assistance...
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19th May

Most recent Restructuring content

Practice notes
Schemes of arrangement—convening hearing and sanction hearingIP completion dayAs of exit day (31 January 2020) the UK is no longer an EU Member State....
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Produced in partnership with Jonathan Akinluyi of Latham & Watkins and Riccardo Alonzi of Skadden 17th Sep
Practice notes
Glossary of restructuring and insolvency termsThis glossary explains many of the terms commonly used in the restructuring & insolvency market. Terms...
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18th Aug
Practice notes
Debt for equity swapsA popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in...
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18th Aug
Practice notes
Insolvency Act 1986 s 110 arrangementsThis Practice Note covers: •what arrangements under Insolvency Act 1986 (IA 1986), s 110 (a s 110 arrangement)...
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Produced in partnership with Phillip Taylor of Sidley Austin LLP and Chris Laughton of Mercer & Hole Chartered Accountants 18th Aug
Practice notes
Schemes of arrangement—procedureProduced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note looks at the...
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12th Aug
Practice notes
Schemes of arrangement—nature and key statutory requirementsProduced with input from Rebecca Cousin of Slaughter and May on market practice.This...
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12th Aug
Practice notes
Restructuring—initial stepsStop pressThis content is affected by the proposed changes to UK insolvency laws as a result of the coronavirus (COVID-19)...
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10th Aug
Practice notes
Benefits of informal restructuring over formal proceedingsEntry conditionsFor informal restructuring to be an option (as opposed to a restructuring...
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10th Aug
Practice notes
Schemes of arrangement—process and statutory frameworkSchemes of arrangement—definition and basis in statuteA scheme of arrangement is a...
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Produced in partnership with Jonathan Akinluyi of Latham & Watkins and Riccardo Alonzi of Skadden 31st Jul
Practice notes
Benefits of a scheme of arrangement compared to other processesThe table below compares the features and benefits of a scheme of arrangement (see:...
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31st Jul
Practice notes
Transfer to NewcoA popular restructuring method is to transfer the company's assets or business to a newly formed company (Newco). Essentially the...
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31st Jul
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
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31st Jul
Practice notes
Schemes of arrangement and restructuring plans—class issuesThis Practice Note looks at the general principles involved in determining class issues....
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Produced in partnership with Jonathan Akinluyi of Latham & Watkins and Riccardo Alonzi of Skadden 31st Jul
Practice notes
Restructuring processOnce a company starts showing signs of distress, its directors must act quickly if they want to complete a successful...
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30th Jul
Precedents
Indicative timetable for a scheme of arrangement under Part 26 of the Companies Act 2006DateActionFrom 98 days before the directions hearingDraft...
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Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner 30th Jul
Practice notes
Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
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30th Jul
Practice notes
Rescue buyoutsWhat is a rescue buyout?A company or a business in a rescue situation is one that is in potential financial difficulties, either because...
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30th Jul

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