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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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Latest Restructuring & Insolvency News
Restructuring & Insolvency analysis: The latest edition of Corporate Rescue and Insolvency (December 2024) is now available in Lexis+® UK...
Dispute Resolution analysis: In a recent decision, Master Brightwell considered a question which appears not to have been previously decided, as to...
The Insolvency Service has disqualified Ruxanda Guja, a former decorator from Romford, for abusing the Covid Bounce Back Loan (BBL) scheme. Guja has...
Pensions analysis: This case is an important reminder from the Court of Appeal that occupational pension benefits cannot be assigned, commuted or...
Law360, London: Company bosses and their insurers could face increased claims next year from a predicted rise in corporate insolvencies and class...
Latest Restructuring & Insolvency Practice Notes
Introductory guide to antecedent transaction claims—considerations for lending transactionsIntroduction and terminologyThe Insolvency Act 1986 (IA...
Validity of security—key casesThis Practice Note sets out certain key cases and associated relevant content relating to the validity of security. The...
Introductory guide to loan transfersThis Practice Note explains:•what is meant by a loan transfer•the key issues to consider in relation to a loan...
US: Foreign Account Tax Compliance Act (FATCA)—summaryThe Hiring Incentives to Restore Employment Act (the HIRE Act) includes provisions that give the...
Administration—the process post appointmentThis Practice Note addresses what happens in practice after the administrator has been appointed, and what...
Latest Restructuring & Insolvency Precedents
Calderbank claimant settlement offer post-issue[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name...
Demand letter—guarantor[To be printed on headed notepaper of the lender making demand]To: [Insert name of individual and/or position][insert name of...
Demand letter—borrower[To be printed on headed notepaper of the lender making demand]To: [Insert name of individual and/or position][insert name of...
Witness statement in support of an application to unwind a preference or transaction at an undervalueApplicant(s): [insert initials and surname]:...
Application notice to unwind a preference or transaction at an undervalueNote: This Precedent should be used in conjunction with an application notice...
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
Act of division and sale
An action which seeks the authority of the court for jointly owned property to be sold and the proceeds of sale divided between the co-owners, according to their interest
Centre of Main Interests
A term used in (a) the EC Regulation on Insolvency 1346/2000 (the EC Regulation on Insolvency)/the Recast Regulation; and (b) UNCITRAL Model Law regarding main proceedings
Chapter 11
Refers to debtor-in-possession restructurings under Chapter 11 of the US bankruptcy code.
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