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Globalization’s further advance: business insolvency proceedings in other countries
- Barnes & Thornburg LLP
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- Canada, France, Germany, USA
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- September 10 2009
Everyday, most of us in the United States encounter evidence of relentless economic globalization
Proposed protection for licensees when licensors become insolvent
- Nabarro LLP
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- Germany
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- April 10 2008
On 14 February 2008 the German Federal Parliament deliberated a draft bill submitted by the Federal Ministry of Justice concerning the reform of Germany’s insolvency law
Will licenses soon be insolvency remote?
- Reed Smith LLP
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- Germany
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- December 19 2008
Last year, the German government came forward with a ministerial bill for the reform of the German insolvency regulations with regard to licenses
New rules for shareholder debt financings: reform of the law governing the equitable subordination of shareholder loans by the Limited Liability Company Modernization Act
- Jones Day
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- Germany
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- May 29 2008
A main focus of the anticipated reform of the law governing limited liability companies by the draft Act on the Modernization of the Law on Limited Liability Companies and the Prevention of Abuse (generally referred to as the “MoMiG” or “Modernization Act”) is the new set of rules relating to shareholder debt financings
BaFin vows to resist interfering with the business strategies of insurers under Solvency II
- Norton Rose LLP
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- Germany
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- July 15 2008
During a public hearing concerning the draft circular of the German regulator dealing with “Regulatory minimum requirements of risk management” BaFin has reiterated that the principles of the circular which implement parts of the Solvency II regime will not be used to control the business decisions of German insurers
German Federal Supreme Court decides on set-aside of global assignment of trade receivables
- Jones Day
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- Germany
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- January 17 2008
In a judgment of November 29, 2007 that is of particular interest to financial institutions involved in asset-based lending, the German Federal Supreme Court (Bundesgerichtshof) allayed concerns that a global assignment (Globalzession) the assignment of all existing and future trade receivables to a lender to secure loans would not survive the insolvency of the respective originator
Bicycle manufacturer must repay 5.2 million of aid
- Nabarro LLP
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- European Union, Germany
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- February 5 2007
The German Government is required by the European Commission ("Commission") to seek repayment of 5.2 million in aid from the bicycle group, Biria
Forgiveness of distressed debt in Europe
- Bird & Bird
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- Germany
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- March 31 2009
If a creditor waives an intra-group receivable, this leads to an accounting loss in the amount of the receivable
Impact of the recent changes in the German tax laws on debt to equity swaps
- White & Case LLP
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- Germany
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- April 22 2009
Due to the ongoing financial crisis and the economic downturn accompanied therewith, many German companies are or will be struggling with default and insolvency problems
Insurance and reinsurance news
- Freshfields Bruckhaus Deringer LLP
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- Germany, United Kingdom
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- February 18 2010
The recent Equitable Life case, decided by the Higher Regional Court of Celle (the OLG Celle), is the first example of a German court considering the recognition of a UK creditors' scheme of arrangement
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