Articles

Articles on insolvency, restructuring and corporate recovery across the DIFC, ADGM in the UAE and Cyprus, including guidance for directors, lenders, and professional advisers.

Turning back the Clock: Post-Brexit cross-border recognition in Cyprus & UK

Changes to CFC Rules in Ukraine: Time to liquidate Cyprus or other offshore companies?

Recent legislative changes in Ukraine exempt individuals from personal income tax on income received from liquidation…

Nominee Directors: Professionals acting as nominees must understand that in common law, there is no such term

In a recent decision issued by Judge Mathikolonis, sitting at the District Court of Limassol, in…

Seeking justice in multi-jurisdictional fraud, creditors must be prepared for the long haul

According to a press release issued by the Cypriot police, on 31st January 2020, a 42-year-old…

New Insolvency Measures Introduced by the British Government Bring Relief to UK Companies and their Directors

Whilst the UK is taking proactive measures to aid ailing companies and businesses from the aftermath…

Examinership: A missed opportunity

As part of the new insolvency framework enacted in Cyprus in May 2015 following the near…

One Way Road to the Death of Ailing Companies – the New Receivership Bill

There has been much speculation in relation to the Receivership Bill which proposes to introduce a…

The Mriya Affair – “Where there is a will there is a way”

By the time the “looting campaign” against one of Ukraine’s largest agricultural operators, the Mriya Group…

European Account Preservation Orders – a useful tool for creditors or a step too far against debtors?

On 14 May 2014 the EU Regulation 655/2014 came into force and will apply from 18…

Examinership: Potential for Abuse

A process putting companies “on life support with no prospect of survival” is how examinership was…

Good and Bad Bank

The events that unfolded last Thursday in Cyprus, created intense anxiety and concern with regard to…

Receivers and Managers

Typically, a company receiver and manager, is appointed out of court by a secured creditor under…

Effect of Winding Up upon Secured Creditors

Ordinarily, the instrument creating the debenture confers on the holder a right to appoint a receiver…

Validation Orders In the Context of Winding Up

In a winding-up by the court, any disposition of the company’s property, and any transfer of…

Annulment of Bankruptcy, one year after… The “famous” law with its subsequent ammendments in relation to Annulment Applications – By operation of Law – by Bankrupts, pursuant to the provisions of Section, 27 and 27a, 2 of 2(1) and 2(b) of 74(1) of 2008

Discharge is the procedure whereby the bankrupt obtains his/her release from the restrictions of bankruptcy and…

Wrongful Trading

Wrongful trading is an action that can be taken only by a company’s liquidator, once it…

Shadow and de facto directors

Shareholders, including parent companies, who have the right to appoint one or more directors to the…

Piercing the corporate veil

When a court rules that the directors, shareholders or beneficial owners of a company should be…

Helios, the Failed Airline, will continue to haunt Cyprus as the battle for its liquidation is likely to last for several months.

On the 9th of April 2009, Louis Hotels Public Company Ltd, a creditor of Helios, filed…

What is Bankruptcy and what are its Repercussions

Bankruptcy is ones inability to discharge personal debts as and when these become due for payment….

In May 2009, 16 public companies filled for Bankrutcy in the US

Contrary to popular belief that Recovery is on its way in the world’s biggest Economy, USA,…

One million people insolvent in the UK

Around 700,000 people are currently left off the official British insolvency figures, even though they are…

Corporate Restructuring in the light of the world’s financial crises

In volatile economic conditions there are always going to be businesses that suffer from a downturn….