Brexit impact As 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 entered an...
Asset Recovery Guide Questions The set of questions relating to the topic of asset recovery and answered by the guide for each jurisdiction covered include: Civil asset...
Peter Kelso, solicitor Scope of provisions Although the provisions of the Corporations Act (CA 2001) relating to arrangements and reconstructions are found in Ch 5,...
Peter Kelso, solicitor Statutory provisions Part 5.6, Division 9 of the Corporations Act 2001 (Cth) (CA 2001) contains provisions requiring, or enabling, courts to act in...
Peter Kelso, solicitor Currently updated by the LexisNexis Team What these notes cover The great majority of businesses in the modern economy are conducted in a corporate...
Appointment A receiver is one who is appointed to a corporation with power to receive income and other property and to pay necessary outgoings, but with no power to carry...
Peter Kelso, solicitor What is pooling and why it is useful? ‘Pooling’ is the term used to describe the situation where the liabilities (and typically the assets) of...
Please click the link to access the full guide for the answers to the questions below: Getting the Deal Through: Restructuring & Insolvency Questions The set of questions...
Peter Kelso, solicitor Introduction Part 3A of the Corporations Act 2001 (Cth) (CA 2001) was introduced in 1993 to provide for the business, property and affairs of an...
Peter Kelso, solicitor Introduction There are three main types of winding up: • winding up by the court, which is in turn divided into: ◦ winding up in insolvency, where...
Please click the link to access the full guide for the answers to the questions below: Getting the Deal Through: Restructuring & Insolvency Questions The set of questions...
Overview of avoidance actions The US Bankruptcy Code provides a debtor with rights to avoid certain transfers of property made by the debtor to third parties prior to the...
Please click the link to access the full guide for the answers to the questions below: Getting the Deal Through: Restructuring & Insolvency Questions The set of questions...
Please click the link to access the full guide for the answers to the questions below: Getting the Deal Through: Restructuring & Insolvency Questions The set of questions...
Please click the link to access the full guide for the answers to the questions below: Getting the Deal Through: Restructuring & Insolvency Questions The set of questions...
Brexit impact As 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 entered an...
Introduction Bermuda has no statutory equivalent of Chapter 15 of the US’s Bankruptcy Code, section 426 of the UK’s Insolvency Act 1986 (IA 1986), or the UK’s...
Asset Recovery Guide Questions The set of questions relating to the topic of asset recovery and answered by the guide for each jurisdiction covered...
Sources of Bermuda law generally Bermuda is a self-governing British Overseas Territory. The systems of law administered in Bermuda are: • local Bermudian legislation •...
Winding-up rules in Bermuda The rules and precedent forms relating to compulsory winding up of companies are principally contained in: • the Companies (Winding-Up) Rules...
Please click the link to access the full guide for the answers to the questions below: Getting the Deal Through: Restructuring & Insolvency Questions The set of questions...
What are reviewable transactions? Payments, transfers of assets, and security transactions can be vulnerable to attack in the event of the company’s insolvency or...
Various ways a creditor can take security As in other jurisdictions that follow English common law, there are various ways by which a creditor can take security over...
Asset Recovery Guide Questions The set of questions relating to the topic of asset recovery and answered by the guide for each jurisdiction covered include: Civil asset...
Please click the link to access the full guide for the answers to the questions below: Getting the Deal Through: Restructuring & Insolvency Questions The set of questions...
Warning: This Practice Note is maintained only to cover the position in the immediate aftermath of the Brexit vote on 23 June 2016, and is for historic purposes only. It...