Blog Archive

In August, I discussed a part of the global restructuring of the Dutch Syncreon Group. See blog/2019-08-doc1-scheme-of-arrangement-does-english-court-has-jurisdiction-re-dutch-b-v. In the subsequent blog (2019-08-doc2a), I gave some detail about the query who is to decided that someone is a ‘foreign representative’? The blog 2019-08-doc1 ended with: ‘To be continued’. Indeed, one can follow the (envisaged) global restructuing nearly virtualy. The respective scheme… Read More »2019-11-doc2 Global restructuring Syncreon Group B.V. (cont’d)

For an international insolvency research project I was invatied to Verona. The group of researchers (from Spain, Germany, Italy and the UK) found some time to visit the Capitolare Library of Verona. It’s a famous institution, dating back to the fifth century A.D. and known for the antiquity and preciousness of its manuscripts. It makes the claim of being the… Read More »2019-11-doc1 Biblioteca Capitolare Verona

Below, conclusion and recommendations, to be published as contribution to the ACURIA project, which aims to identify legal and procedural strategies, blockages and best practices in the field of undertakings’ insolvency and restructuring law that can be replicated or prevented in different legal and judicial systems, therefore enabling courts to provide a more accurate and fair response. The project is… Read More »2019-10-doc10 Improving the role of courts in quality and effectiveness

On 27 August 2019, the Dutch Minister for Legal Protection (‘Rechtsbescherming’) did send his 11th letter on progress concerning several acts for the overall recast of the Dutch Bankprty Act to Dutch Parliament. On the 5th and last page it introduces the subject ‘International insolvencies’. The following is provided, I quote: ‘An insolvency adjudicated outside the European Union is in… Read More »2019-08-doc4 Netherlands puts ‘international insolvencies’ back on legislative agenda

In June 2019, INSOL International released its ‘Ethical Principles for Insolvency Professionals’. Ethics is about the values that should be lived and worked by and respected by all insolvency professionals while interacting with creditors, judges, consumers of the debtor, its board or shareholders. Ethics is nothing scary, a threatening term for being wary for all types of misconduct and liabilities.… Read More »2019-08-doc3 Insolvency practitioners and ethics

In the matter of Syncreon Group B.V. (and ors) the English High Court on 31 July 2019 ([2019] EWHC 2068 (Ch)) (see my blog of yesterday at blog/2019-08-doc1-scheme-of-arrangement-does-english-court-has-jurisdiction-re-dutch-b.v) a final matter for Falk J to decide relates to the question who will act as the foreign representative. The parties requested the judge to include in the order to be given… Read More »2019-08-doc2a Scheme of arrangement – who is the foreign representative (+ text)

In the matter of Syncreon Group B.V. (and ors) the English High Court on 31 July 2019 ([2019] EWHC 2068 (Ch)) presented its written reasons for granting an application by Syncreon Group to convene meetings of certain classes of creditors for the purpose of considering a scheme of arrangement. Syncreon Group is a private limited company incorporated under the laws… Read More »2019-08-doc1 Scheme of arrangement – Does English court has jurisdiction re Dutch B.V.?