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Cliffe Dekker Hofmeyr | South Africa | 19 Apr 2019

Company law versus income tax law: amalgamations now regularised

One of the amendments proposed by Budget 2019 aims to reconcile the incongruency that exists between South African company law and income tax law with regard to the deregistration or liquidation of companies that are involved in amalgamation transactions. The amendment is a welcome change, as it will ensure that the Companies Act and the Income Tax Act operate in conjunction with, and in......
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Ogier | Cayman Islands | 4 Apr 2019

Latest interpretation of illegality defence

A Cayman court recently considered numerous complex areas of the law concerning commercial fraud and the ability to trace assets through corporate groups and into sophisticated financial products. This article discusses the court's findings regarding the illegality defence and the lessons which can be derived for future Cayman cases in which this defence might be engaged.
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Walder Wyss Ltd | Switzerland | 26 Mar 2019

Legal considerations regarding SPVs

Switzerland has no specific securitisation legislation. Therefore, securitisation transactions are subject to the general legal framework that applies to all other financial transactions with respect to, among others, both corporate law and regulatory matters. This article provides a short overview of certain company-related aspects to consider when setting up a special purpose vehicle......
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Harneys | British Virgin Islands | 14 Mar 2019

This is not a wind up: BVI court approves restructuring provisional liquidation

In a major development in BVI insolvency law and practice, the Commercial Court recently held that provisional liquidation is available to facilitate a restructuring. The objective of a restructuring provisional liquidation is to provide a better outcome for creditors than would be likely on a winding up. The Commercial Court's decision will certainly influence the current debate in the......
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AG Erotocritou LLC | Cyprus | 8 Mar 2019

Examinership and limits to its application

The examinership framework – which was introduced to the Companies Law in 2015 – offers an effective mechanism for restructuring financially distressed companies. However, judging from relevant case law, it appears that an application for examinership must be pursued promptly when the financial distress arises and not when the need for a moratorium becomes apparent.
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Lennox Paton | Bahamas | 28 Feb 2019

Bahamian insolvency regime continues to promote judicial efficiency

The Bahamian legislature continues to examine its existing legislation for ways to promote judicial efficiency by amending and implementing new procedures in its insolvency regime. As the global economy continues to grow and foreign companies and investors increasingly face obstacles arising from the use of offshore structures, the need for cross-border insolvency proceedings and the use of......
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Oon & Bazul LLP | Singapore | 1 Feb 2019

Restructuring and insolvency cases following recent amendments to Companies Act

The Companies Act was amended in May 2017 to introduce a number of improvements to Singapore's debt restructuring laws regarding super-priority status for rescue financing, schemes of arrangement, judicial management and cross-border insolvency. This article reviews the various court decisions (both reported and unreported) that have been issued since the changes became operative.
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Ogier | Cayman Islands | 31 Jan 2019

Court of Appeal overturns anti-suit injunction in favour of Argyle Funds SPC Inc

The Court of Appeal has unanimously allowed every ground of an appeal by the liquidators of Argyle Funds SPC Inc. The key takeaway for the Cayman Islands professional services industry is that where work is delegated to be carried out by related entities outside the Cayman Islands, any attempt to contractually limit clients' rights to bring claims against those entities must be expressly......
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Gan Partnership | Malaysia | 29 Jan 2019

Federal Court will not condone irregularities in court orders

The Federal Court recently reaffirmed that where a final court order is proved to be null and void on grounds of illegality or due to a lack of jurisdiction, the court has inherent jurisdiction to set aside the order, even in the absence of an express enabling provision. However, is the rule different for winding-up orders?
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Studio Legale e Tributario Biscozzi Nobili Piazza | Italy | 25 Jan 2019

VAT grouping provisions – an overview

Italy's value added tax (VAT) group scheme recently took effect. The scope of application, conditions and implications of the VAT group scheme are different from the existing VAT consolidation scheme. Contrary to the VAT consolidation scheme, where each entity remains not only independent from a juridical point of view, but also a single taxable person, a VAT group is considered a single VAT......
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