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The top five points for corporate borrowers to protect themselves against bank insolvency in Europe and elsewhere

Here are five steps that corporate borrowers can take to protect themselves against the fall-out of their financing banks’ insolvency.

Luxembourg Tax Authorities issue guidance on reverse hybrid rules

The Luxembourg Tax Authorities (“LTA”) published a circular letter concerning the application of the reverse hybrid rules (the “Circular”) . The Circular provides guidance on the determination of tax owed by Luxembourg reverse hybrid entities.

Stibbe advises Palex Medical

Stibbe is advising Palex Medical, a Spain-based company specialising in high value-added MedTech equipment and solutions, on its planned acquisition of Duomed, a fast-growing European MedTech distributor.

New double tax treaty concluded with the United Kingdom ratified by Luxembourg

The new double tax treaty between Luxembourg and the United Kingdom (“DTT”) ratified by the Luxembourg Parliament on 19 July 2023 should apply as from 2024.

Financial Regulation – Q2 2023 Update

Changes to Dutch financial regulations entered into force on or around 1 July, including notable amendments for holders of a qualifying holding in certain Dutch regulated financial institutions. We have listed the main changes in this publication.

Bestuurdersaansprakelijkheid voor selectieve betalingen

In zijn bijdrage aan het Insolad jaarboek bespreekt Hugo Wijn het onderwerp ‘Bestuurdersaansprakelijkheid voor selectieve betalingen’.

Dutch tax insights in debt restructuring cases

We will highlight certain focus areas from a Dutch tax perspective in debt restructuring cases involving a Dutch debtor, also considering creditors holding or obtaining an equity stake – directly or indirectly - in the borrowing entity.

The third AFM report on SFDR compliance signals tightening enforcement and highlights a shift in supervision towards the quality of disclosures

A recent report of the AFM underlines its focus on monitoring SFDR compliance, signals tightening enforcement action against those lagging behind, and highlights a new phase of supervisory attention for clear, accurate and reliable SFDR disclosures.

Dutch Supreme Court answers questions on setoff before and during bankruptcy and suspension of payments

The authors discuss a recent judgment by the Dutch Supreme Court that extends the right of setoff for banks before and during bankruptcy and suspension of payments.

BNR: het faillissement van de Amsterdam Trade Bank

Bij BNR’s ‘Onder Curatoren’ vertelt Job van Hooff, curator en partner in Stibbe’s Restructuring & Insolvency praktijk, over de afwikkeling van het faillissement van Amsterdam Trade Bank.

Contractual clauses prohibiting the transferability or pledgeability of business claims could become void in the near future

We discuss a draft bill to declare contractual clauses limiting the transferability and/or pledgeability of claims in business relations void, and call upon the Dutch Senate to reconsider at least its applicability to existing contracts.

Emeline Maricq

Junior Associate Luxembourg

Sandro Christiaens

Associate Brussels

Jeanne Adam

Junior Associate Brussels

Hello new school year, hello new insolvency legislation: amendments to insolvency law enter into force today

Today the Act of 7 June 2023 transposing the EU Restructuring Directive (2019/1023) enters into force.

The Legal 500 Country Comparative Guide: Mergers & Acquisitions in the Netherlands

Heleen Kersten and Omar El Gachi contributed to the Legal 500 Country Comparative Guide: Mergers & Acquisitions The Netherlands.

Marine Alonso

Senior Associate Luxembourg

Stibbe advised on the transformative restructuring of the Frigoglass Group

Stibbe advised Frigoglass on the consensual recapitalisation and financial restructuring of Frigoglass S.A.I.C. and the group of companies formerly controlled by it (the “Frigoglass Group”).

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