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Category Archives: Restructuring

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National Security & Investment Act: Cold Comfort for Officeholders

Insolvency officeholders may need clearance upon appointment to entity in an affected sector. The National Security & Investment Act (NSI Act) came into force in early January, and market participants might reasonably have expected a common approach to the practice of mandatory and voluntary notifications to have bedded down by now. However, due to the … Continue Reading

UK and European Restructuring Tools: Choosing the Optimal Forum for Creditor and Shareholder Cramdown

Debtors and investors have an enhanced choice of restructuring venues as the EU Restructuring Directive is rolled out in Member States A number of key European jurisdictions have now implemented the EU Preventive Restructuring Directive, the broad thrust of which is to introduce harmonised out-of-court restructuring procedures across Member States to address financial difficulties at … Continue Reading

Restructuring With Regulators: Where Law and Policy Collide

Balancing the urgency of delivering a restructuring with regulatory requirements in a regulated sector. Restructuring a company in a regulated sector is always challenging. Navigating directors’ duties is difficult enough in an unregulated sector, but the additional layer of oversight and statutory compliance required in regulated sectors often places directors proposing a restructuring in the … Continue Reading

Schemes and Restructuring Plans: Where Are We Now?

The forecast for the English scheme and plan looks set fair despite concerns around Brexit turbulence. The restructuring market’s appetite for Part 26 schemes of arrangement and Part 26A restructuring plans shows no signs of diminishing, with some debtors (Smile Telecoms and ED&F Man) even taking a second bite of the cherry. In this article, … Continue Reading
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