International restructuring and insolvency

View Restructuring & Insolvency by content type:

Practice notes

Precedents

Q&As

Featured Restructuring & Insolvency content

Key elements of a standstill agreement

When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the...

Compulsory winding up of a company—the process and procedure

STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose...

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For...

The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016

The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...

Practice notes

Cashflow and balance sheet tests for insolvency

IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...

Produced in partnership with South Square 9th Nov

Practice notes

Covenant waivers and resets

One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...

9th Nov

Practice notes

Role, powers, functions and duties of a liquidator

Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...

9th Nov

Practice notes

Practice Direction on Insolvency Proceedings

Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...

9th Nov

Practice notes

Loan to value covenants

This Practice Note looks at:•the key features of loan to value (LTV) covenants•possible issues with calling an event of default based on a LTV...

Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 9th Nov

Practice notes

Proprietary claims

Creditors are often keen to establish proprietary claims as they create rights in rem (which attach to the property itself) rather than personal...

9th Nov

Practice notes

Equitable accounting—how it works in practice

This Practice Note looks at equitable accounting, what it is, how and when it applies. It does not look at how the trustee in bankruptcy (trustee)...

9th Nov

Practice notes

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986

It is possible for a claim to be brought under section 423 of the Insolvency Act 1986 (IA 1986) against a company or individual following a...

9th Nov

In-house

Practice notes

How to serve a demand for payment

A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...

Produced in partnership with James Hannant of Guildhall Chambers 9th Nov

Precedents

Certificate of urgency for applications in insolvency proceedings

Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...

9th Nov

Practice notes

Prohibited names under section 216 of the Insolvency Act 1986

The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...

9th Nov

Practice notes

Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016

IntroductionSet-off refers to claims that may be set-off against other claims. A set-off is the right of one party, Party A, who is owed money by...

Produced in partnership with South Square and BDO LLP 9th Nov

In-house

Practice notes

Misfeasance claims under section 212 of the Insolvency Act 1986

What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...

9th Nov

In-house

Practice notes

Avoiding invalid floating charges under section 245 of the Insolvency Act 1986

Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...

9th Nov

Practice notes

Interim receivers

Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...

Produced in partnership with South Square and BDO LLP 9th Nov

Practice notes

Out-of-court administration appointments by a QFCH—the procedure

Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...

9th Nov

Most recent International restructuring and insolvency content

Practice notes

Recast Regulation—how creditors lodge claims

Brexit impactTo address the issue of the service of documents subject to civil and commercial matters between the UK and EU countries , the Service of...

26th Nov

Practice notes

Benefits of various jurisdictions

Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

26th Nov

Practice notes

Hague Convention on Choice of Court Agreements—jurisdiction

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For specific guidance, see...

25th Nov

Brexit

Practice notes

Hague Convention on Choice of Court Agreements—application by contracting states

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For specific guidance, see...

25th Nov

Brexit

Practice notes

Hague Convention on Choice of Court Agreements—scope

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For specific guidance, see...

25th Nov

Brexit

Practice notes

Hague Convention on Choice of Court Agreements—enforcement

Brexit: The UK's departure from the EU has implications for practitioners considering the recognition and enforcement of judgments. For general...

25th Nov

Brexit

Practice notes

Getting the Deal Through: Enforcement of Foreign Judgments 2021

Jurisdictions coveredThe following jurisdictions are covered in this report:Austria; Bahamas; Bermuda; Brazil; Denmark; Greece; Hong Kong; India;...

24th Nov

Practice notes

Brexit—impact on Recast Regulation on Insolvency

Status of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

24th Nov

Brexit

Practice notes

Post IP completion day: Insolvency exception in the Lugano Convention and the Hague Convention

For proceedings commenced before IP completion day, see Practice Note: Insolvency exception in the Lugano Convention, the Brussels Convention,...

24th Nov

Practice notes

Post IP completion day: Which court has jurisdiction in restructuring and insolvency cases?

What is jurisdiction?Jurisdiction is the authority of the court to determine a dispute between parties. The court will need to have two forms of...

24th Nov

Practice notes

Philippines—restructuring and insolvency guide

QuestionsWhat is the primary legislation which governs corporate insolvency? Are there any other laws in force dealing with corporate insolvency?The...

Produced in partnership with Atty. Jude Ocampo of Ocampo & Suralvo Law Offices 24th Nov

Practice notes

How EU Member States recognise insolvency proceedings of a third-party state

UK statusAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK entered...

24th Nov

Brexit

Practice notes

Recast Regulation—table comparing the Recast Regulation and the UNCITRAL Model Law on insolvency

From IP completion day, in the absence of a deal, the Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146 kick in and amend both the...

24th Nov

Practice notes

Which jurisdiction in restructuring and insolvency cases?

This Practice Note covers the position for proceedings commenced before IP completion day and will be archived thereafter. For the position from IP...

24th Nov

Practice notes

Recast Regulation—which law applies

Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...

24th Nov

Practice notes

List of available cross-border insolvency and restructuring tools by country worldwide

From IP completion day, in the absence of a deal, the Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146 kick in and amend both the...

24th Nov

Practice notes

Allocating jurisdiction in cross-border insolvency cases

Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...

Produced in partnership with Skadden Arps Slate Meagher & Flom (UK) LLP 24th Nov

Practice notes

The transfer of assets between different jurisdictions under the Cross-Border Insolvency Regulations 2006, section 426 of the Insolvency Act 1986, and the Recast Regulation on Insolvency

Cases in which a transfer of assets may be orderedIt is increasingly the case that large-scale insolvencies have international dimensions. The company...

Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers and Philip Hinks of 3 Verulam Buildings 24th Nov

Practice notes