Industry News Sponsored by

The 4th Joint Fraud Conference triumphs again in London

The fourth annual Fraud Conference took place on 29 February, welcoming 160 delegates to the Royal College of Physicians in London. A collaboration between INSOL Europe’s Anti-Fraud Forum, the Fraud…

Update from the 63rd Session of UNCITRAL Working Group V, Vienna, December 2023

The 63rd session of the Working Group was held from 11–15 December 2023 in Vienna. INSOL Europe was represented by Past President Frank Tschentscher and Florian Bruder (Council Member, Germany). Members…

New EU Proposal for a Directive Harmonising Certain Aspects of Insolvency Law (COM(2022) 702 Final))

On 7 December 2022, the European Commission proposed new measures to further develop the EU’s Capital Markets Union (CMU), including a proposal for a Directive harmonising certain aspects of Insolvency…

Resilience in the face of Adversity – Dubrovnik Congress Report

INSOL Europe's second 'Annual Congress' of the year took place in its usual Autumn slot at the Rixos Hotel in Dubrovnik from 6-9 October with over 360 delegates in attendance, report Myriam Mailly and Paul…

News

Insolvency Lunch in Prague
On 12 November 2018, Giese & Partner organized the first INSOL Europe Lunch in Prague. Ernst Giese reports on this event which took place in the historic centre of Prague in the vicinity of the famous Castle. 

Several insolvency law experts, liquidators and qualified attorneys from leading Czech law firms accepted the invitation to discuss the current status of the Proposal for a Directive of the European Parliament and of the Council on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures and amending Directive 2012/30/ EU.

The president of INSOL Europe, Mr. Alastair Beveridge gave the welcome address and introduced the association and its activities.

The keynote speaker was Mr. Nicolaes W. A. Tollenaar from RESOR law firm, Amsterdam. Mr. Tollenaar presented a lively analysis on the Proposal in respect to “debtor-friendly” and “creditor-friendly” systems. His analysis was clearly that the first ones hinder whereas the latter ones facilitate business rescues.

Mr. Tollenaar offered many useful insights and an outline of what insolvency proceedings should look like ideally, while taking into account economic criteria. He criticised the EC initiative for failing to provide not only the debtor, but also creditors, the right to propose a restructuring plan. Exclusivity in favour of the debtor gives controlling shareholders the ability to offer creditors only marginally more than they might receive in a liquidation. If creditors do not have the right to put forward their own plan and develop an alternative, in practical terms they have no other option than to accept the plan put forward through the debtor by the controlling shareholder. This leads to a transfer of wealth from creditors to shareholders.

All attendees then shared their opinions, suggestions for consideration and exchanged their professional experience across borders. Tomáš Richter from Clifford Chance (Czech Republic) brought into discussion his practical knowledge, pointing out the fact that there is good and modern legislation focusing on insolvency in the Czech Republic, but the judicial application is very inconsistent in quality.

Finally, the attendees suggested that regular meetings of the insolvency community in Prague will help to promote INSOL Europe in the Czech Republic.
  BENCHMARKS  
Loading Time: Base Classes  0.0025
Controller Execution Time ( News / News Details )  0.0075
Total Execution Time  0.0102
  GET DATA  
No GET data exists
  MEMORY USAGE  
784,816 bytes
  POST DATA  
No POST data exists
  URI STRING  
news/details/insolvency-lunch-in-prague
  CLASS/METHOD  
news/news_details
  DATABASE:  insoleur_main   QUERIES: 42  (Show)
  HTTP HEADERS  (Show)
  SESSION DATA  (Show)
  CONFIG VARIABLES  (Show)