Retained Recast Regulation on Insolvency

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Practice notes
Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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19th May
Practice notes
Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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19th May
Practice notes
The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
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Produced in partnership with Richard Bowles 19th May
Practice notes
Secured creditors under a CVA—including effect on guaranteesNeither the company nor its creditors may approve a company voluntary arrangement (CVA)...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes
Court-appointed receivers—when a court will appoint a receiver and who may be appointedThis Practice Note covers receivers who are appointed by the...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Practice notes
Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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19th May
Practice notes
Effect on proceedings against a company being wound up and after a winding-up order is madeCoronavirus (COVID-19)This content contains guidance on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
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19th May
Q&As
Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...
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19th May
Practice notes
Annulment of bankruptcy ordersThis Practice Note looks at the annulment of bankruptcy orders under section 282 of the Insolvency Act 1986 (IA 1986)...
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19th May
Practice notes
Equitable charges v legal charges—impact on saleabilityThis Practice Note considers the position of a security holder who has an equitable mortgage or...
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Produced in partnership with Jonathan Titmuss of Hardwicke 19th May
Practice notes
Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...
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19th May
Practice notes
Compulsory winding up of a company—the process and procedureSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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19th May
Practice notes
A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...
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Produced in partnership with Allan Kelly of RSM 19th May

Most recent Retained Recast Regulation on Insolvency content

Practice notes
Post IP completion day: COMI for corporatesStatus of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in...
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13th Sep
Q&As
Will the English courts’ assessment of COMI diverge from that of the EU Court of Justice post IP completion day?This Q&A considers how the English...
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18th Aug
Q&As
Can new territorial proceedings be commenced in the UK after IP completion day?Territorial proceedingsBefore IP completion day, Regulation (EU)...
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18th Aug
Q&As
What do you need to know if you’re making an administrator appointment after 11 pm on 31 December 2020?Assuming there is no deal on insolvency, then...
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18th Aug
Q&As
What are establishment proceedings?This Q&A considers the meaning of establishment proceedings, a new concept created by the Insolvency (Amendment)...
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18th Aug
Q&As
What are COMI proceedings?This Q&A considers the meaning of centre of main interests (COMI) proceedings, a new concept created by the Insolvency...
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18th Aug
Practice notes
Brexit: table showing changes to Recast Regulation on Insolvency after IP completion dayThis Practice Note summarises the changes made to the Recast...
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18th Aug
Practice notes
Recast Regulation—personal insolvency and COMI [Archived]From IP completion day onwards, this document is archived and is no longer maintained.Brexit...
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18th Aug
Practice notes
Recast Regulation—main, secondary and territorial proceedings [Archived]From IP completion day onwards, this document is archived and no longer...
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18th Aug
Practice notes
Brexit—impact on restructuring plans Status of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance...
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18th Aug
Practice notes
Recast Regulation—establishing the centre of main interests (COMI) for corporates This Practice Note only considers the position for proceedings...
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18th Aug
Practice notes
Recast Regulation—which law applies [Archived]From IP completion day onwards, this document is archived and is no longer maintained.Brexit impactAs of...
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18th Aug
Practice notes
Post IP completion day: establishment for corporates and individualsStatus of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member...
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18th Aug
Practice notes
Table showing impact of Brexit on jurisdiction to commence insolvency/restructuring proceedings and obtain recognition in other EU Member StatesKey...
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9th Aug
Practice notes
Post IP completion day: COMI for individualsStatus of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in...
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9th Aug
Practice notes
Brexit—impact on Recast Regulation on InsolvencyStatus of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in...
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9th Aug
Practice notes
Brexit—impact on company voluntary arrangementsStatus of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in...
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9th Aug
Practice notes
Brexit—impact on administrationStatus of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with...
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9th Aug
Practice notes
What does IP completion day mean for R&I?During the implementation period/transitional period, the key EU regulations effectively remained in place...
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9th Aug

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