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Regulator's statement on its approach to FSDs in insolvency situations provides little comfort for insolvency practitioners or lenders

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 27 2012

The Pensions Regulator has issued a statement setting out its approach to Financial Support Directions in insolvency situations

General counsel update: 31 May 2012

  • Herbert Smith Freehills LLP
  • -
  • Argentina, China, European Union, Hong Kong, Singapore, Spain, United Kingdom
  • -
  • May 31 2012

This is the twenty-ninth in our series of General Counsel Updates which aim to summarise major developments in key areas

PE houses and pre-packs - will the Pensions Regulator act?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 5 2011

The story of the restructuring of carpet-maker, Brintons has featured in the press recently, with emphasis on the role of Carlyle, one of the world's biggest private equity firms

Pensions regulator withdraws threat of FSD

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 15 2011

The Pensions Regulator announced this week that it will not pursue action to impose a Financial Support Direction against US company, Chemtura Corporation and members of its group after a funding settlement, involving the payment of expedited contributions to the pension scheme of its UK subsidiary, was reached with the scheme's trustees

Silentnight - sweet dreams for the pensions regulator

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 13 2011

The story of the Silentnight restructuring has featured in the press today

Scottish court rules that trustee claims are admissible in the winding up of an insolvent participating employer

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 1 2011

A claim by trustees against an insolvent participating employer (who has ceased to participate in the pension scheme) for its share of the scheme deficit is a contingent obligation at the date of winding up and is admissible in the winding-up

What happens to direct life insurances in the event of an employer’s insolvency in Germany?

  • Herbert Smith Freehills LLP
  • -
  • Germany
  • -
  • September 30 2010

The Federal Labour Court has ruled on the fundamental issue of who will be entitled to the rights under a life insurance policy concluded by the employer in the employee's favour in the event that an employment relationship comes to an end in the course of the employer's insolvency proceeding

FSD determination affecting Lehman Brothers scheme

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 30 2010

On 17 September, the Pension Regulator's Determinations Panel announced that it had issued a determination that six companies within the Lehman Brothers group (including the group's main operating companies in the UK as well as the US parent Lehman Brothers Holding Inc.) should provide financial support to the Lehman Brothers Pension Scheme

Regulator’s Determinations Panel signals intent to issue financial support direction

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 4 2010

On 8 July, the Pensions Regulator's Determinations Panel published a determination to issue a financial support direction against 25 companies in the Nortel group in Canada, the US, Europe and Africa

DWP consults on changes to Section 75: certain corporate restructurings will not trigger an employer debt

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 21 2009

On 17 September the DWP published a consultation paper (attaching draft regulations) in which it proposes that certain corporate restructurings will not trigger an employer debt under section 75 of the Pensions Act 1995

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