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Results: 1-10 of 26

Whose interests must be considered by adviser to financially distressed company?
  • Clifford Chance LLP
  • Germany
  • December 7 2012

It is common, particularly in finance and M&A transactions, that an adviser to a company also advises the shareholders and the management, as the interests of those parties seem to be generally aligned


Courts adopt clear position on subordination of shareholder loans
  • Clifford Chance LLP
  • Germany
  • May 11 2012

Under German insolvency law, shareholder loans are generally subordinated in insolvency proceedings (unless certain exceptions apply


Court rules on New York Convention's more-favourable right provision
  • Clifford Chance LLP
  • Germany
  • September 8 2011

The Federal Supreme Court recently confirmed that foreign arbitration agreements which do not adhere to the formal requirements of Article II(2) of the New York Convention may still be valid under the less strict criteria of Section 1031 of the Code of Civil Procedure


Does subordination cause taxable profits?
  • Clifford Chance LLP
  • Germany
  • September 28 2012

Subordination agreements between a debtor and its shareholders are a frequently used restructuring tool for German companies


Composition and Pre-insolvency Procedures in Europe: All Change?
  • Clifford Chance LLP
  • European Union, France, Germany, Italy, Netherlands, Russia, Spain, United Kingdom
  • March 18 2016

Legislative frameworks have been pushed to their limits whilst the economic environment has been in a prolonged state of distress. In this regard


European Court finds directors of English company may be liable for breach of German company law
  • Clifford Chance LLP
  • European Union, Germany, United Kingdom
  • February 18 2016

In a recent case Kornhaas v Dithmar C-59414, the European Courts of Justice have held that the managing director of an English company is liable to


Corporate criminal liability - April 2016
  • Clifford Chance LLP
  • Spain, United Arab Emirates, United Kingdom, USA, OECD, Poland, Romania, Russia, Singapore, Slovakia, India, Indonesia, Italy, Japan, Luxembourg, Netherlands, Czech Republic, European Union, France, Germany, Global, Hong Kong, Asia-Pacific, Australia, Belgium, China
  • April 26 2016

The survey looks at whether there is a concept of corporate criminal liability in a number of different jurisdictions. We consider the underlying


EU Political Update 04 - 08 July 2016
  • Clifford Chance LLP
  • European Union, Germany, United Kingdom
  • July 4 2016

On 28 June 2016, following the meeting of the European Council, President of the European Commission Jean-Claude Juncker attended a joint press


International Regulatory Update 15 - 19 February 2016
  • Clifford Chance LLP
  • China, European Union, Germany, Italy, Singapore, Turkey, United Arab Emirates, United Kingdom
  • February 23 2016

The EU Parliament Committee on Economic and Monetary Affairs (ECON) has published two draft reports on the EU Commission’s legislative proposals to


The netting decision of the German Federal Court of Justice - key issues
  • Clifford Chance LLP
  • Germany
  • June 27 2016

The decision of the German Federal Court of Justice (Bundesgerichtshof, "BGH") on the invalidity of netting agreements deviating from section 104 of