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Brexit
Brexit is a significant subject for R&I lawyers due to the reciprocal nature of our relationship with Europe. Our Brexit content offers key information and updates for all practitioners, as well as legislation trackers.
Corporate Insolvency and Governance Act 2020
Includes new legislation due to coronavirus. Temporary provisions centre around winding-up petitions, wrongful trading and ipso facto clauses. Permanent changes include the creation of two corporate insolvency processes.
International content
Get country guides for 45 jurisdictions – the majority are from our Getting the Deal Through series. Where there are jurisdictional gaps, we have commissioned content, and have created several comparison tables.
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Helping restructuring and insolvency professionals stay up-to-date with legal and market developments, and work faster and smarter.
Our Restructuring & Insolvency Experts
Marcia Shekerdemian
David Kerr
Lesley Anderson
Peter Declercq
Joseph Curl
Latest Restructuring & Insolvency News
Restructuring & Insolvency analysis: HMRC sought the winding up of a company on grounds of public interest under section 85 of the Finance Act 2022...
This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis of the extent of the insolvency courts’ jurisdiction...
The Insolvency Service reports on the shutting down of Advantia Card Ltd (registered in the UK) for supplying German consumers with fraudulent prepaid...
Restructuring & Insolvency analysis: The ÀÏ˾»úÎçÒ¹¸£Àû Restructuring & Insolvency practical guidance team has published two new Practice Notes in their...
The Insolvency Service has announced the ten-year directorship ban on Azizullrahman Akbari, the former director of New Watan Bakery Limited, for...
Latest Restructuring & Insolvency Practice Notes
The Pension Protection Fund—an introductionSTOP PRESS: On 30 January 2025 the PPF published its policy statement and 2025/26 levy rules which confirm...
Recognised professional bodiesThere are four recognised professional bodies (RPBs) namely the Institute of Chartered Accountants in England and Wales...
Insolvency practitioners and their qualificationThis Practice Note considers the ability of persons to act as insolvency practitioners (IPs) in...
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?A wrongful trading claim applies to a person...
2025: Key dates for restructuring and insolvency professionalsThis Practice Note sets out the key dates for restructuring and insolvency professionals...
Latest Restructuring & Insolvency Precedents
Letter to directors in an insolvency situation warning of main legal risksYou recently came to see us/contacted us as a director of a company in...
Cross-border protocol for insolvencies or restructuringsThis Agreement is made [insert day and month] 20 [insert year]Parties1[insert name of...
Application notice for permission to serve insolvency proceedings out of the jurisdictionNote: This Precedent should be used in conjunction with an...
Calderbank claimant settlement offer pre-action[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name...
Calderbank claimant settlement offer post-issue[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name...
Latest Restructuring & Insolvency Q&As
Featured Restructuring & Insolvency content
Role, powers, functions and duties of a liquidator
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made
What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeCoronavirus (COVID-19)This content is affected...
Bonds and notes
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Obtaining Official Copies from HM Land Registry
Obtaining Official Copies from HM Land RegistryThis Practice Note provides guidance in obtaining official copies of the entries on the title of a...
Dissolution of a company following compulsory liquidation or creditors' voluntary liquidation
Dissolution of a company following compulsory liquidation or creditors' voluntary liquidationDissolution marks the end of a company’s life. It...
Bankruptcy searches
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Dissolution and bona vacantia—dealing with the Treasury Solicitor
Dissolution and bona vacantia—dealing with the Treasury SolicitorBona vacantia means ‘goods without an owner’ and is a relevant consideration where...
Cashflow and balance sheet tests for insolvency
Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...
Key elements of a standstill agreement
Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
What are COMI proceedings?
Scotland: protected trust deeds
Scotland: protected trust deedsTrust deeds have, for many years, been utilised by debtors as a means of reaching a compromise with their creditors as...
What is considered onerous property or contracts?
What is considered onerous property or contracts?DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee...
Recapitalisations
RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...
Role, powers, functions and duties of an administrator
Role, powers, functions and duties of an administratorThe role, powers and duties of an appointed administrator are set out in the Insolvency Act 1986...
How do you convert inter-company debt into equity? What are the advantages and disadvantages for the company and its shareholders?
The effect of a bankruptcy order on an individual voluntary arrangement (IVA), its assets, and the creditors
The effect of a bankruptcy order on an individual voluntary arrangement (IVA), its assets, and the creditorsThe gap in the insolvency legislationIt is...
The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016
The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016The primary...
Schemes of arrangement—process and statutory framework
Schemes of arrangement—process and statutory frameworkSchemes of arrangement—definition and basis in statuteA scheme of arrangement is a...
Associated legal terms
Intromission/account of intromissions
The trustee's dealings with the estate. The Account of Intromissions is simply a statement of what the trustee has done with the debtor's estate
Qualified electronic signatures
See Article 25 of Retained Regulation (EU) 910/2014, the UK eIDAS Regulation. A qualified electronic signature issued in the UK shall have the equivalent legal effect of a handwritten signature and carry a presumption of authenticity. It is the most secure type of electronic signature. Qualified certificates for electronic signatures issued by a qualified TSP in the UK will not be recognised as a qualified certificate for the purposes of the EU eIDAS Regulation. Qualified certificates for electronic signatures issued by a qualified TSP in an EU Member State continue to be recognised as a qualified certificate for the purposes of the UK eIDAS Regulation (Article 24A of Retained Regulation (EU) 910/2014, the UK eIDAS Regulation). A qualified electronic signature is sometimes required by law.
Shadow Director
Defined in CA 2006, s 251 as a person in accordance with whose directions or instructions the directors of the company are accustomed to act, although that person has not been appointed as a director of the company.
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