| 1 | A toolkit for cross-border bond restructurings A guide to PLC's UK and US resources for practitioners involved in an international corporate bond restructuring. | Practice note: overview | Maintained |
| 2 | Advising on the restructuring of a company in financial ... A toolkit of our resources to assist practitioners advising on the restructuring options of a company in financial difficulty. The toolkit includes links to material on understanding a company's financial position, identifying potential stakeholders and those with a genuine economic interest, structural and contractual subordination and valuing a distressed company. | Practice note: overview | Maintained |
| 3 | Banking Act 2009: an overview An overview of the key provisions of the Banking Act 2009. The Banking Act was intended to improve the resilience of the UK financial systems, and support financial stability by strengthening depositor protection and providing mechanisms for dealing with banks in financial difficulties. For information on the development of the Banking Act, and the statutory instruments that have been made under the Act, see Legislative tracker: Banking Act 2009. | Practice note: overview | Maintained |
| 4 | Hot topics: Bank Recovery and Resolution Directive An overview of the European Commission's proposals for an EU recovery and resolution framework for credit institutions and investment firms and, in particular, its June 2012 legislative proposal for the Recovery and Resolution Directive (RRD) establishing the framework. The key primary source material table in this note contains links to key primary source material and related PLC Financial Services legal updates. It is not intended to be an exhaustive list of all relevant materials published by interested parties. | Practice note: overview | Maintained |
| 5 | Intra-group reorganisations: overview An overview of intra-group reorganisations looking at: why groups reorganise; the types of assets affected and consents required; the company law and insolvency issues which arise on intra-group transfers carried out below market value; and how intra-group transactions should be documented. | Practice note: overview | Maintained |
| 6 | Pre-packs in administration: a quick guide Although not a new restructuring strategy, the use of pre-packaged sales in administrations, known as "pre-packs", is growing. This practice note is an introduction to the key issues surrounding the controversial use of pre-packs in administrations. | Practice note: overview | Maintained |
| 7 | Rent deposits A Practice note on rent deposits and the various ways in which they can be structured. | Practice note: overview | Maintained |
| 8 | Second lien financing: overview This practice note explains what second lien financing (or second lien finance or second lien debt) is, how it developed and how it can be distinguished from senior debt and other forms of subordinated debt. This practice note also links to materials on the use of second lien financing in the United States. | Practice note: overview | Maintained |
| 9 | Statement of Insolvency Practice (SIP) 16 toolkit This toolkit provides a brief introduction to Statement of Insolvency Practice (SIP) 16. It also groups the PLC resources that report on the implementation of SIP 16 and on other efforts by the government and the courts to regulate pre-packaged sales in administration. | Practice note: overview | Maintained |
| 10 | Valuation issues in restructurings: overview An introduction to the valuation issues that can arise in restructurings. The note considers the practical difficulties that arise when valuing a company or group in financial distress, the relevant valuation methods and provides case studies of how valuation issues have affected restructuring and insolvency assignments that have come before the courts. | Practice note: overview | Maintained |
| 11 | A guide to the European Commission's proposal for a ... On 12 December 2012, the European Commission published a proposal for a Regulation to amend Council Regulation (EC) 1346/2000 on insolvency proceedings (the EC Insolvency Regulation). This practice note sets out the detail of that proposal. | Practice notes | Maintained |
| 12 | Assignment of a claim or cause of action This note explains how a claim or cause of action may be assigned, whether by legal assignment or equitable assignment. It sets out the situations in which an assignment may be effected, including assignment in the context of an administration, liquidation or bankruptcy. The note provides guidance on drafting an assignment as well as the practical considerations, such as the recovery of costs. | Practice notes | Maintained |
| 13 | Buying the business and assets of an insolvent company How to carry out an asset purchase or the purchase of a business as a going concern where the seller is in administration or administrative receivership. | Practice notes | Maintained |
| 14 | Contracts: capacity A note outlining the rules governing the capacity of an organisation or individual to contract. | Practice notes | Maintained |
| 15 | Corporate debt restructuring: step by step This note looks at the key stages involved in restructuring corporate debt. | Practice notes | Maintained |
| 16 | Corporate demergers using section 110 of the Insolvency Act ... This practice note provides an overview of how to carry out the demerger of a company, typically by means of a members' voluntary liquidation, using section 110 of the Insolvency Act 1986. | Practice notes | Maintained |
| 17 | Corporate insolvency and guarantees: overview An overview of the impact of corporate insolvency on guarantees. This practice note looks at the effect of the insolvency of the principal obligor, the guarantor and the guaranteed third party on the guarantee and on the parties' rights and remedies. It also considers the effect of foreign corporate insolvency proceedings on English law guarantees. | Practice notes | Maintained |
| 18 | Corporate insolvency and losses: tax This practice note deals with the issue of using and preserving the losses of an insolvent company, both generally and in the contexts of a hive down of its assets and business, and of group relief. | Practice notes | Maintained |
| 19 | Corporate restructuring: debt equity swaps This note considers how debt equity swaps may be used in corporate restructuring. It examines the nature of debts and the different ways they can be structured. The note focuses on the approach of the company's bank or other creditors to debt equity swaps, as they usually drive the structure. | Practice notes | Maintained |
| 20 | CRC Energy Efficiency Scheme: restructuring and insolvency ... A guide to the implications of the CRC Energy Efficiency Scheme for restructuring and insolvency practice. | Practice notes | Maintained |
| 21 | Cross-border recognition issues in corporate recovery and ... This is a practice note on the recognition of restructuring and insolvency proceedings across different jurisdictions. It discusses why such recognition may be crucial to the success of formal corporate restructuring and insolvency processes (such as schemes of arrangement, CVAs and administrations). It also details the principal considerations when seeking recognition and provides an overview of the main legal regimes governing the recognition of UK insolvency proceedings abroad, and the recognition of foreign proceedings in the UK. | Practice notes | Maintained |
| 22 | Environmental implications of restructuring a business This note explains the environmental implications of restructuring a business. | Practice notes | Maintained |
| 23 | Financial collateral arrangements This note reviews the provisions of the Financial Collateral Arrangements (No 2) Regulations 2003 (SI 2003/3226). It looks at the various matters that should be considered under the Regulations when either a security, stock lending or a repo arrangement is being entered into in respect of financial collateral such as cash, financial instruments (such as shares in companies and other tradeable securities such as bonds) or credit claims (loans made available by credit institutions). | Practice notes | Maintained |
| 24 | How standstill agreements are used in restructurings An introduction to standstill agreements and how they are used in restructurings. This note provides an overview of how standstill agreements are used in restructurings. It includes information on the need for a standstill agreement, freezing, key objectives of an agreement, due diligence, fairness, differing interests of participants, success, termination and drafting of an agreement This note contains a link to a detailed note on debtor-in-possession (DIP) financing in connection with restructurings in the United States. | Practice notes | Maintained |
| 25 | How to carry out a security review for a bank A guide to preparing a report on the security package held by a bank over the assets of a company in financial difficulty. | Practice notes | Maintained |
| 26 | How to make a court application in insolvency proceedings A guide to the procedure for making an application to court in insolvency proceedings under the Insolvency Act 1986 and the Insolvency Rules 1986 (SI 1986/1925). | Practice notes | Maintained |
| 27 | Lehman Brothers: client asset issues This resources document provides links to key PLC legal updates, case reports and articles available to PLC Financial Services subscribers in relation to client asset issues arising from the administration of Lehman Brothers International (Europe) (LBIE), including links to the relevant key primary sources. It is not intended to be an exhaustive list of all PLC materials relevant to Lehman Brothers client asset issues. For more information on the work of the FSA, HM Treasury and other bodies on strengthening the UK client assets regime in response to the issues highlighted by the financial crisis and the collapse of Lehman Brothers, see Practice note, FSA reform of client assets regime (2008-11): thematic work and rules changes. | Practice notes | 24-Feb-2012 |
| 28 | Practical employment considerations of buying an insolvent ... A practice note considering the practical employment issues facing a buyer of an insolvent business. | Practice notes | Maintained |
| 29 | Rescue buyouts An explanation of the particular issues which arise when a buyout is being conducted in a rescue or insolvency situation. | Practice notes | Maintained |
| 30 | Restructuring high yield bonds: UK and US overview This note provides an overview of the key features of high yield bonds issued in the UK and in the US, and the principal issues to be considered in the context of a corporate debt restructuring involving high yield bond obligations. These include the main differences between New York and English law governed bond documentation and related legal and regulatory issues. | Practice notes | Maintained |
| 31 | Retention of title An introduction to the law applying to retention of title clauses. | Practice notes | Maintained |
| 32 | The special resolution regime An overview of the special resolution regime (SRR) for systemically important firms set out in the Banking Act 2009. For an overview of the Banking Act 2009, see Practice note, Banking Act 2009: an overview. | Practice notes | Maintained |