Searching Content from Austria indexed under Insolvency/Bankruptcy/Re-structuring ordered by Published Date Descending.
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Supreme Court Finds Insolvency Related Avoidance Claims Assignable
The Austrian Supreme Court has recently found that insolvency related avoidance claims can be sold.
9 Oct 2019
Spotlight On Automotive Industry: Introduction To The Series And Financing
By outsourcing production of major parts of car components, carmakers have also outsourced a substantial amount of their financing needs and associated risks to their suppliers.
15 Aug 2019
Management's Liability For Payments Upon Onset Of Insolvency
A financial crisis and situations where insolvency is imminent are not only challenging for a company and its management, but also entail significant liability risks for management in the case of subsequent insolvency proceedings.
19 Jul 2019
New EU Restructuring Directive: A Game Changer For Restructurings?
The list of successful restructurings outside insolvency proceedings is as long as it is confidential.
European Union
26 Jun 2019
Terms Of A Loan – Set In Stone?
As an attorney working in restructuring, I hear a recurring complaint from bank's restructuring departments: "Debtors admit financial difficulties far too late.
25 Jan 2019
Increased Due Diligence Obligations For Shareholder Creditors?
The Austrian Insolvency Code provides for the possibility to challenge certain disadvantageous transactions carried out by the debtor after material insolvency has occurred, especially if the creditor knew or should have known of its debtor's material insolvency.
19 Oct 2018
Liability Of Managing Directors Of A GmbH For Incorrect Financial Information And "Civil Fraud" – Austrian Supreme Court Ruling 6 Ob 244/17a
Director's liability is a recurring issue in both the Austrian and German courts. One reason is that, when a company goes into bankruptcy, its receivers and creditors tend to look for alternative sources of funds...
16 Jul 2018
Responsibility To Investigate - An Update On Avoidance Risks
Following the opening of insolvency proceedings, the insolvency receiver typically tries to enlarge the insolvency estate by asserting voidance claims.
11 Apr 2018
Major Changes In Personal Bankruptcy Law
On 28 June 2017 the Austrian Parliament passed the government's legislative proposal on insolvency law (Insolvenzrechtsänderungsesetz 2017).
4 Jul 2017
Recast Of The EU Regulation On Insolvency Law Applicable As Of Today
The EU Regulation on Insolvency Law 1346/2000 (EIR) was considered a milestone in the cross-border coordination of national insolvency proceedings.
European Union
27 Jun 2017
European Commission Proposes EMIR Reform That Will Minimise The Clearing Obligation For NFC And Certain FC
On 4 May 2017, the European Commission published its proposal for an amendment of the European Market Infrastructure Regulation (EMIR).
European Union
12 May 2017
Improving The Position Of Secured Creditors Under Registered Pledges In Bulgaria
Almost two decades after being adopted following the model of the World Bank and UNCITRAL for non-possessory registered pledges, the Special Pledges Act was substantially amended at the end of 2016.
7 Feb 2017
Protection Of New And Interim Financings In Restructuring? - The European Commission's Proposal On Early Restructuring And Second Chance
The proposal includes, inter alia, provisions protecting new and interim financing in restructurings.
European Union
28 Nov 2016
Rautner Releases English Translation Of The Austrian Insolvency Code
Rautner Attorneys-at-Law is pleased to announce that it has just published a new English translation of the Austrian Insolvency Code.
22 Jun 2016
Security With An Expiration Date - A Recent Decision On Set-Off In Austrian Insolvency Proceedings And Highlights On Set-Off In Insolvency Proceedings In Other CEE Countries
The right to set-off claims and obligations in insolvency proceedings is an important tool for creditors in order to protect themselves against the insolvency risk of a contractual counterparty.
5 Apr 2016
Bankrupcty Regime For Private Individuals
The Hungarian Parliament has adopted a new legal regime setting out debt settlement procedures for private individuals.
28 Aug 2015
Threat Of Sub-Sovereign Default In Austria Sees Rating Downgraded
The alpine region of Carinthia in Austria faces probable bankruptcy after the central government refused to cover bond guarantees issued for failed lender Hypo Alpe Adria.
16 Mar 2015
GmbH Light – Incorporation Of Austrian Limited Liability Companies Considerably Cheaper Since 1 July 2013
Since 1 July 2013, the costs for the incor­po­ra­tion of an Aus­trian lim­ited lia­bil­ity com­pany have been reduced significantly.
28 Jan 2014
Banks Establish Principles For Restructurings In Austria
Newly established principles provide guidance for the cooperation between all involved banks in extra-judicial restructurings.
28 Jan 2014
Public Procurement: Taking Over Of The Obligations Of The Consortium Leader Is Not A Change Of Contractor
The European Commission confirmed that a new public procurement procedure is not re-quired in order to take over of the obligations of the consortium leader (in insolvency) by way of enforcing a joint liability clause.
European Union
28 Jan 2014
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