Corporate Restructuring & Insolvency in Japan 2020

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  • Reporters: Shinichiro Abe, Shinnosuke Fukuoka, Yosuke Kanegae and Zentaro Nihei
  • Index:
    • Preliminary Outline
    • Rescues: Out-of-Court and In-Court
    • Group Insolvency
    • Small and Medium-Sized Enterprises
    • International and Cross-Border Insolvency Law
    • Statistics
      *Click to to see full Index

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Corporate Restructuring and Insolvency Asia 2020
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Asian Business Law Institute

Launched in January 2016, the Asian Business Law Institute (ABLI), a subsidiary of the Singapore Academy of Law, is a permanent institute based in Singapore that initiates, conducts and facilitates research with a view to providing practical guidance in the field of Asian legal development and promoting the convergence of Asian business laws. Its mission is to remove unnecessary or undesirable differences between Asian legal systems that pose obstacles to free and seamless trade.

ABLI’s long-term strategic direction in accordance with its aims is set by its Board of Governors chaired by The Honourable the Chief Justice Sundaresh Menon of the Supreme Court of Singapore. The Board comprises representatives from Australia, China, India and Singapore and other internationally renowned legal experts.

International Insolvency Institute (III)

International Insolvency Institute (III)

The International Insolvency Institute (III) is a non-profit, limited-membership organisation dedicated to advancing and promoting insolvency as a respected discipline in the international field. Its primary objectives include improving international co-operation in the insolvency area and achieving greater co-ordination among nations in multinational business reorganisations and restructurings, with membership drawn from the most senior and respected insolvency practitioners, judges and academics in the world and it has valuable liaisons with many of the most senior regulatory and administrative professionals in the insolvency field.

III, due to its exceptional membership, its international leadership, and its resources, plays a valuable and highly significant role in the international insolvency field. It has achieved a worldwide reputation and is developing into a catalyst for improvement and change in the international insolvency area that has few, if any, equals.

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Index

A. PRELIMINARY OUTLINE

B. RESCUES: OUT-OF-COURT AND IN-COURT

i. Out-of-court workouts

a. Turnaround ADR
b. Regional Economy Vitalization Corporation of Japan
c. Small and Mid-sized Enterprise Revitalization Support Councils

ii. Pre-insolvency proceedings

iii. Formal insolvency proceedings in general

a. Petition
b. Commencement
c. Injunction orders
d. Commencement orders
e. Public notice
f. Provisioning requirement
g. Financial institution debtors

iv. Support structures (courts and state agencies)

a. Courts
b. Stock exchange

v. Insolvency office-holders

a. Duty of care
b. Court reports

vi. Directors and officers of distressed entities

vii. Conversion of proceedings

viii. Rescue financing

a. Common benefit claims
b. Debtor-in-possession financing
c. Court deposit
d. Loans in Turnaround ADR

ix. Effect of the stay and moratorium

a. Injunction during the interim period
b. Extraterritorial effect

x. Ordinary and special contracts

xi. Ranking, priority and resolution of creditor claims

a. Secured claims
b. Common benefits claims
c. Preferred unsecured claims
d. General unsecured claims
e. Subordinated claims

xii. Treatment of foreign creditors

xiii. Creditor supervision of proceedings

xiv. Employment, stakeholding and pension issues

a. Employment contracts and claims
b. Transfer of employees

xv. Avoidance and clawback and safe harbour

a. Fraudulent conveyance
b. Gratuitous acts
c. Preference

xvi. Rescue plans and sales as a going concern

C. GROUP INSOLVENCY

D. SMALL AND MEDIUM-SIZED ENTERPRISES

E. INTERNATIONAL AND CROSS-BORDER INSOLVENCY LAW

F. STATISTICS

Corporate Restructuring and Insolvency Japan 2020