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Debtor control does not mean registry control
The submission of monetary claims by the affiliated creditors in a bankruptcy case is usually accompanied by serious and sometimes lengthy legal disputes regarding the validity and sequence of such claims. This situation occurs due to the fact that to prove the unreality of business transactions performed by the affiliates and, as a result, to recognize the claims of the affiliate creditor as not a subject to inclusion in the register is sometimes quite difficult, more complicated than the requirements of an independent creditor. Since such creditors usually have a subjective connection with the debtor, through which they can access both the debtor's seals and the signatures of authorized persons on the relevant documents, and accounting registers and even information about the flow of funds on the accounts.
Recalibration of public–private partnership policy in Kazakhstan — what to expect?
In 2020, Kazakhstan faces a hurricane in the form of the impact consequences of the COVID-19 pandemic and the plunge in the price of oil to a 20-year low, including, among others, decreased economic activities, devaluation of the local currency (tenge), reduced foreign direct investments in risky markets and shrinking state budgets.
Doing Business in Kazakhstan
The brochure provides you with the comprehensive information about the main forms of doing business in Kazakhstan, including a detailed comparison table of such forms, information on the tax structure, bankruptcy, PPP and frequently asked questions for starting and doing business in Kazakhstan.
On restructuring, rehabilitation and bankruptcy procedures in the light of the COVID-19 epidemic and the current economic situation
The declaration of a state of emergency in the light of the COVID-19 epidemic, the following quarantine, the related restrictions, the fall in oil prices and the subsequent devaluation of tenge, together will have a serious negative impact on the financial situation of whether debtors or creditors. This can lead both to the need to protect debtors from the claims of creditors, and to protect the interests of creditors in order to avoid abuse by the debtors. Therefore, we considered it appropriate to remind readers of the main insolvency resolution regimes that are available to creditors and debtors under the Law of the Republic of Kazakhstan On Rehabilitation and Bankruptcy.
Brief information on the mechanism of providing financial support to entrepreneurs affected by the coronavirus (COVID-19) pandemic in Azerbaijan
The Cabinet of Ministers of the Republic of Azerbaijan adopted Action Plan in accordance with the paragraph 10.2 of the Order #1950 of the President of the Republic of Azerbaijan dated March 19, 2020.
Benefits and exemptions for businesses in quarantine conditions
In connection with the epidemiological situation in the world and the spread of coronavirus in Uzbekistan, there have been taken strict quarantine measures of the population. In order to minimize the negative consequences of the pandemic and global crisis on the Uzbek economy, the Government of Uzbekistan is taking measures to support entrepreneurship, export and financial stability.
The title to a parking place in case of the developer’s bankruptcy
Since 1 January 2017, a car parking space has been legally recognised as an independent property item, which has special boundaries in the design documentation of a building or structure, and which is subject to both cadastral and state registration.
Pandemic, taxes and bankruptcy in Russia. What to expect and what to get ready for?
The rapid spread of the new COVID-19 virus on the planet makes the government develop measures not only to combat the spread of its manifestations in the sanitary and epidemiological area but also prevent its negative impact on the economic and social aspects in the society.
Legal Framework for Insolvencies in Uzbekistan
Despite being relatively new, the current bankruptcy law in Uzbekistan (initially adopted in early 1990s) has improved drastically over the last decades. Uzbekistani insolvency regime, that was upgraded significantly throughout the several redrafts of the law, is still undergoing some changes that are being introduced as a part of its ambitious market-oriented economic reforms.
Is it risky to be a founder?
By carrying out entrepreneurial activities, i.e. independent activities carried out at its own risk, aimed at systematic profit from the use of property, sale of goods, performance of works or provision of services, in conditions of market instability, exchange rate fluctuations and consumer demand, the company may experience signs of bankruptcy.
Fate of Pledge (Lien) in Bankruptcy Cases
This article discusses the features of foreclosure on the subject of a pledge. The author focuses attention on the fate of a pledge, as an encumbrance on the subject, which was a guarantee of the fulfillment of the Debtor’s obligations to the creditor. The conflict between the norms of the Civil Code and the Federal Law “On Insolvency (Bankruptcy)” is considered, supported by relevant examples from judicial practice.
Czech Insolvency Act
From 1stof July 2017, a large amendment to Czech Insolvency Act No. 182/2006 Coll., comes into effect.This amendment regulates many aspects of insolvency proceedings, from protection against frivolous insolvency petitions through corporate insolvency assessment, to debt relief.