CERIL

Introduction

The interaction of European insolvency rules and national company law rules increases with the implementation of the Restructuring Directive in the member states. The focus of the Working Party is on the effects of restructuring on existing national company law systems, including the position of the IP versus ‘organs’ of a company, including impairment of shareholders’ rights), mutual information sharing e.g. between board and IP, debt-for-equity swaps or rules regarding director’s disqualification.

Chairs

Stathis Potamitis
Roel Fransis

Current Projects

• Debt-to-equity-swaps as a restructuring tool
  The WP started in 2017 with a clear focus on the availability and necessity of a debt-to-equity-swap as a restructuring tool. A survey was conducted regarding the availability of such a tool and its dependence on shareholder consent (Stage 1 survey). The survey led to a draft Report in 2018 before it was decided to pause the project in order to reflect the development of the 2019 EU Preventive Restructuring Directive and its implementation in Member States.

Members part of