Login
×
Advanced search
Title
Channel
Module
Cross-border guides
Business and human rights around the world
Climate change & sustainability disputes
Enforcing English judgments in the EU following Brexit
IBOR transition: Impact on security and guarantees
Joint Ventures
Patentability of computer-implemented inventions (CIIs)
Restructuring
Knowledge hubs
Financial services regulation
FinTech
IFR/IFD transition
Joint ventures
M&A
×
Title
Channel
Module
Hit
ENTER
to search in content
Advanced search
Login
Cross-border guides
Business and human rights around the world
Climate change & sustainability disputes
Enforcing English judgments in the EU following Brexit
IBOR transition: Impact on security and guarantees
Joint Ventures
Patentability of computer-implemented inventions (CIIs)
Restructuring
Knowledge hubs
Financial services regulation
FinTech
IFR/IFD transition
Joint ventures
M&A
×
Close
Restructuring
Dashboard
Comparison builder
Next
Questions
(
Select all
|
Expand all
)
Show notes in report
Back to questions
Display report
Jurisdiction
(
Select all
|
Expand all
)
Show notes in report
Select one or more questions below:
Questions
What are the principal preventive restructuring proceedings provided for in your jurisdiction?
What do the processes entail?
To whom are the processes available, and who can initiate them?
When can the processes be used?
Does the debtor remain in possession of the business through the processes?
What is the role of the courts in the processes?
Are there any court officials or insolvency practitioners involved in the processes?
Is a moratorium available?
Do the procedures provide for implementation of a restructuring plan and what are the conditions to implementation?
Can the restructuring plan be imposed on dissenting creditors (including across classes) and what are the voting thresholds to do so?
Are there any measures to facilitate emergency financing?
Can the position of secured lenders be modified without their consent?
Are group restructurings possible?
What other measures does the process allow for?
What practical preparations should be considered in the context of a preventive restructuring under the process (e.g. is a lock-up agreement common practice)?
Are there any procedures where it is possible to agree a sale or restructuring prior to starting the process, which then completes during the process with a view to protecting value of a going concern. Is such a “pre-packaged” subject to restrictions or pre-approvals to protect third party creditors?
Are there procedures available to foreign debtors and what are the conditions to entry?
How long do the processes take and are there any time limits?
What issues do directors of distressed companies need to consider leading up to and through implementation of the restructuring procedures?
What are some practical tips for good governance of distressed companies?
Are there any risks of shareholder or lender liability in relation to distressed companies in general?
Can transactions entered into by a distressed company be later set aside?
What frameworks does your jurisdiction have in place for recognition of foreign restructuring or insolvency proceedings?
Contacts
Select one or more jurisdiction below:
Africa
Egypt
Kenya
Morocco
South Africa
Americas
Brazil
Canada
Mexico
United States
Asia
China, People's Republic of
Hong Kong
Japan
Korea, South
Singapore
Thailand
Australia and Oceania
Australia
Europe
Cyprus
France
Germany
Ireland
Italy
Luxembourg
Netherlands
Poland
Spain
Turkey
United Kingdom
Next
Back to questions
Display report
