Disregarding legal personality according to Brazilian Insolvency Law | SABZ Advogados

Legal Briefing

Introduction The separation of assets between a company and its related parties is a fundamental principle enshrined in both the Brazilian Civil Code and the Brazilian Insolvency Law (Federal Law No. 11,101/2005). However, according to article 50 of the Brazilian Civil Code, if there is an abuse of legal personality, demonstrated by misusing its purpose …

Questions about termination for material change in objective circumstances | Anjie Broad

Legal Briefing

What’s the significance of termination for ‘material change in objective circumstances’ to employers? Employers’ unilateral termination of employment contracts is subject to strict requirements under China’s labour law. Employers are allowed to unilaterally terminate employment contracts only under the circumstances specified in the labour law. Among these circumstances, article 40 item (3) (ie material change …

Insolvency and bankruptcy code – watering down the waterfall mechanism | Krishnamurthy & Co. (K Law)

Legal Briefing

The advent of the Insolvency and Bankruptcy Code, 2016 (‘Code’) was a huge step by the Indian legislature towards providing a robust, market driven and time bound mechanism for the insolvency and bankruptcy process in India. Prior to the Code, the insolvency laws in India were scattered amongst various laws and judicial forums. However, the …