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  • Article

    Czech News - August 1997 - Amendments In Draft And Legal Proposals - Agricultura

    Czech RepublicStrategy
    Arthur Andersen
    Arthur Andersen
  • Article

    Stop To Bullying Insolvency Petitions

    In the last week of January, the Czech Government passed an amendment to the Insolvency Act, which was prepared by the Ministry of Justice.
    Czech RepublicInsolvency/Bankruptcy/Re-Structuring
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Bullying Behavior Under Insolvency Law

    During the current economic downturn the number of insolvency proceedings in the Czech Republic continuously increases.
    Czech RepublicInsolvency/Bankruptcy/Re-Structuring
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    A Surprising Decision to Prohibit Profit Distribution based on Audited Financial Statements older than Six Months

    An apparently straightforward situation has ended in a conclusion that has disturbed the Czech legal practice. By extensive interpretation, the Czech Supreme Court has broadened the requirements applicable for the distribution of profit.
    Czech RepublicAccounting and Audit
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    Secured Lender Denied Place on Creditor's Committee

    A Czech court has ruled that a lender was ineligible to join the insolvent borrower’s creditors’ committee because the share pledges and other security it had taken made it effectively the borrower’s holding company.
    Czech RepublicCorporate/Commercial Law
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Recent Czech Supreme Court Decisions: Twilight Of Secured Creditors?

    The Czech Supreme Court recently issued two decisions having significant impact on the position of secured creditors (i.e. generally financial institutions) within insolvency proceedings.
    Czech RepublicInsolvency/Bankruptcy/Re-Structuring
    Dentons
    Dentons
  • Article

    New Developments in Czech Insolvency Law

    An extensive amendment to Act No. 182/2006 Coll., on Insolvency (the "Insolvency Act") will come into effect on 1 July 2017 (the "Amendment").
    Czech RepublicInsolvency/Bankruptcy/Re-Structuring
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    New Preventive Restructuring Framework Finally Arrived In The Czech Republic

    After a delay of more than a year, an Act on Preventive Restructuring (the "Act") implementing the EU directive on preventive restructuring frameworks finally became...
    Czech RepublicInsolvency/Bankruptcy/Re-Structuring
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    Preventive Restructuring Implemented In The Czech Republic: A Revolution In Czech Insolvency Law

    A long-awaited bill on preventive restructuring (the "Bill") implementing the directive on preventive restructuring frameworks in the Czech Republic will introduce a brand-new legal tool...
    Czech RepublicInsolvency/Bankruptcy/Re-Structuring
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    Beneficial Ownership Register

    On 1 January 2018, part of an amendment of Act No. 253/2008 Coll. on selected measures against the legitimisation of proceeds of crime and financing of terrorism, as amended, and as implemented by Act No. 368/2016 Sb.
    Czech RepublicGovernment, Public Sector
    Weinhold Legal
    Weinhold Legal
  • Article

    Ineffective Transactions In Insolvency

    Certain kinds of transaction entered into by debtors before insolvency proceedings are initiated against them may be ineffective.
    Czech RepublicInsolvency/Bankruptcy/Re-Structuring
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Fourteen Steps In Insolvency

    Fourteen changes to insolvency law have been proposed by the Czech Ministry of Justice to help alleviate the consequences of the financial crisis and, if approved, will come into effect shortly.
    Czech RepublicInsolvency/Bankruptcy/Re-Structuring
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Long-Awaited Bill On Preventive Restructurings Finally Released. What Changes Will It Bring To Czech Insolvency Law?

    The Czech Ministry of Justice recently published a bill on preventive restructurings (the "Bill") implementing the directive on preventive restructuring frameworks which will introduce...
    Czech RepublicInsolvency/Bankruptcy/Re-Structuring
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    Stricter Liability Of Statutory Body Members (and Others) In Case Of Company Insolvency

    The amendment to the Business Corporations Act effective from 1 January of this year (the "Amendment") brings, among other things...
    Czech RepublicInsolvency/Bankruptcy/Re-Structuring
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    Current Options For Creditors To Collect Receivables Are More Efficient Than Ten Years Ago

    Execution auctions and court auctions are conducted under the Civil Procedure Code, while compulsory public auctions are conducted under the provisions of the Public Auction Act.
    Czech RepublicInsolvency/Bankruptcy/Re-Structuring
    Havel & Partners s.r.o.
    Havel & Partners s.r.o.
  • Article

    Distressed M&A And Selected Czech Law Specifics

    As the COVID-19 pandemic keeps reshaping the M&A environment across Europe with only deals at the late stage proceeding further...
    Czech RepublicCorporate/Commercial Law
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    Insolvency Filings In Case Law

    The case law sets very high requirements for insolvency filings made by creditors.
    Czech RepublicInsolvency/Bankruptcy/Re-Structuring
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    Decision Of The Supreme Court Regarding Lien On Receivables

    The Supreme Court of the Czech Republic dealt with a case in which the plaintiff registered its receivable secured by a pledge over the trade receivables of the insolvency debtor in the insolvency proceedings against the debtor.
    Czech RepublicInsolvency/Bankruptcy/Re-Structuring
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    Distressed M&A – A Reluctancy To Benefit From The New Legal Instrument

    Legal Instrument The number of companies facing financial difficulties, or even collapse, has been steadily growing over the last 12 months.
    Czech RepublicInsolvency/Bankruptcy/Re-Structuring
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)
  • Article

    What Changes Will The Czech Republic's New Preventive Restructuring Act Bring To Debtors And Creditors?

    After a delay of more than a year, an act on preventive restructuring (the "Act") implementing the EU directive on preventive restructuring frameworks finally became effective in the Czech Republic on 23 September 2023.
    Czech RepublicInsolvency/Bankruptcy/Re-Structuring
    Schoenherr (Schönherr Rechtsanwälte)
    Schoenherr (Schönherr Rechtsanwälte)

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