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  • John Breslin Ireland's corporate rescue legislation (now contained in the Companies Act 2014) is analogous to the US chapter 11 process. It provides up to 100 days of breathing space for an insolvent company which has a viable enterprise to see whether it can put in place a restructuring plan. An independent officer (the examiner) is appointed to examine the company's affairs and, if possible, put in place a restructuring plan. During this period the company cannot be wound up, security granted by it cannot be enforced and it is immune from legal process. Except in exceptional circumstances, the examiner does not take over the management of the company. Therefore, (as in chapter 11) it is a debtor in possession process. If the examiner can put a restructuring plan in place, this is subject to a pro-restructuring voting regime, with the ability to cram down unsecured creditor claims.
  • Concerns have emerged regarding EU stress tests, notably the fact that they are being used as the principal and even exclusive tool to determine a bank’s financial viability
  • The country restricts the use of some UK security law principles but is looking at ways to harmonise its approach to syndicated lending
  • Finra’s approval requirement: considerations for non-US acquirers of US broker-dealers
  • Kazuhide Ohya Nguyen Dang Minh The new law on residential housing came into force on July 1 2015. The legislation, in addition to its guiding documents including Circular 19/2016/TT-BXD (effective from August 15 2016), has paved the way for foreign ownership of property in Vietnam.
  • Environmental, social, and economic development disclosure plays an increasingly important role in a company’s long-term strategy and reputation
  • Sponsored by FenXun Partners
    The country has given access to its credit market to foreign financial institutions, a move it hopes will boost its position on the global scene
  • Sponsored by Al Tamimi & Company
    Seem Maleh It is common for courts to order one of the parties in a facility agreement to specifically perform their obligations under the facility. However, it is rare for courts to impose daily fines until the breaching party performs those obligations.
  • The firm took home the international firm of the year award along with many others at the event in Dubai last night
  • The city-state's decision has been welcomed but market participants have recommended safeguards over board composition