News & Analysis as of

Subsidiaries Liquidation

Latham & Watkins LLP

All’s Well for Keepwell Deeds?

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A recent ruling by the Hong Kong Court of Appeal has strengthened the robustness of keepwell deeds as enforceable English law governed obligations. The Hong Kong Court of Appeal has unanimously upheld the appeals of the...more

Hogan Lovells

Do as you're told - Hong Kong court orders uncooperative former director to ratify liquidator appointment

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The Hong Kong court has granted an order forcing an uncooperative former director of a Hong Kong listed company to ratify the appointment of a Hong Kong liquidator as the sole director of the companies' four BVI subsidiaries....more

Latham & Watkins LLP

Hong Kong Court Confirms Enforceability of Keepwell Deeds

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Two recent landmark decisions provide valuable guidance on this commonly used form of credit enhancement. Keepwell deeds have in recent years grown into a common form of credit enhancement used by companies in mainland...more

Holland & Knight LLP

Consejo de Estado, vinculación de deudores solidarios o subsidiarios en procesos tributarios

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La Sección Cuarta del Consejo de Estado de Colombia, en sentencia del 7 de diciembre de 2022 proferida dentro del expediente #26305, precisó que los deudores solidarios o subsidiarios deben ser vinculados por la Dirección de...more

Rivkin Radler LLP

Disposing Of Assets Under The Ways and Means Committee’s Proposals

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First Step- Last Wednesday, the House Ways and Means Committee approved that portion of the 2022 budget legislation with which it was tasked by the Congressional Budget resolution of August 24. The text of the bill...more

Kramer Levin Naftalis & Frankel LLP

Flow-through Tax Status as a Property Right? The Case of Schroeder Brothers Farms

A recent case from the Western District of Wisconsin, In re Schroeder Brothers Farms of Camp Douglas LLP, may raise a new issue for the bankruptcy treatment of tax attributes in flow-through entities. The court in Schroeder...more

White & Case LLP

UK Supreme Court upholds first successful claim for breach of the "Quincecare" duty financial institutions owe their customers

White & Case LLP on

In Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital Markets Europe Ltd ([2019] UKSC 50), the Supreme Court upheld the first successful claim in negligence by a customer of a financial institution for breach...more

Dechert LLP

Focus on Restructuring Processes: CVAs and Liquidation in the context of Carillion

Dechert LLP on

In recent months certain restructuring processes have gained quite some notoriety in press headlines in connection with a number of UK businesses. This article provides secured lenders with a brief recap on the key points to...more

Jones Day

International Legislative Update - September/October 2017

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Germany—Major German insolvency law reforms designed to facilitate corporate group insolvencies will become effective on April 21, 2018. When the reforms come into force, they will supplement and complement the Recast...more

A&O Shearman

Moratorium Over Singapore Proceedings Against Bermudan Company Granted

A&O Shearman on

Pacific Andes Resources Development Ltd [2016] SGHC 210 (27 September 2016) involved an application under section 210(10) of the Companies Act for the restructuring of, among others, a Bermudan company listed in Singapore and...more

Parker Poe Adams & Bernstein LLP

A Cautionary Tale (or Two) – The Need for Robust Internal Oversight in Financings

In this era of rushed financings and hectic corporate restructurings, internal controls and procedures are more important than ever. Adding litigious shareholders and debtholders to the mix means it’s never been more...more

McDermott Will & Emery

State Revenue Departments Misapplying Federal Tax Law

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State income tax laws generally build on federal tax law. The typical pattern is to begin the calculation of state taxable income with federal taxable income and then to modify it by adding or subtracting items where state...more

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