Transnational insolvency and external finance opportunities in distressed companies

Berlin

15 - 17 October 2020


The Insolvency Law Commission is delighted to invite you to join its annual seminar that will take place in the vibrant city of Berlin from 15 to 18 October 2020 entitled “Cross-border insolvency: external finance opportunities in distressed companies and the involvement of States”.

In a multi-jurisdictional economic environment, distressed companies attract the attention of local and foreign investors that see financing of a restructuring process as a business opportunity. Acquisition of assets, takeover of controlling stakes and long-term loans are becoming even more common in an environment where restructuring is far distant from liquidation. In this business context, the more difficulties are dealt by the external funders with upstream, the higher the rate of turnaround may be.

In parallel, the recovery of companies has also attracted the attention of States, seeking to preserve local enterprises, its workforce and the constant generation of taxes. States have often been involved in the restructuring processes, by increasingly providing various favorable legal tools that may be used to recover companies in distress and avoid liquidation. This often includes the creation of incentives for external funders, the granting bridge loans and the undertaking of financial obligations. Although well intentioned, these practices can run counter to European rules on State aids.

At the seminar, speakers will discuss the opportunities of access to external financing for distressed companies and their creditors. They will moot the best strategies for the financing party to ensure a profitable investment and to minimize the risks. In addition, the panelists will address the advantages and drawbacks of the increasing involvement of States in reorganization proceedings. One session of the seminar will be held in cooperation with the International Arbitration Commission and will be aimed at discussing a topic cutting across both commissions.

Berlin is one of the European capitals of culture and nightlife: participants will have the chance to enjoy a rich social program that will complement the academic sessions.


AIJA Commissions

  • Insolvency

Organising Committee

Elaina BAILES
Stewarts Law LLP (UNITED KINGDOM)

Giuseppe SALSARULO
Donativi e Associati (ITALY)

Marine SIMONNOT
UGGC AVOCATS (FRANCE)