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About Restructuring & Insolvency Law

In Restructuring & Insolvency, your reputation, relationships and referrals are everything. You need to be the expert. You need to know the latest tips and tricks. You need to know what’s happening in the market right now. Lexis+ Restructuring & Insolvency is designed to give you that edge.

Brexit

Brexit is a significant subject for R&I lawyers due to the reciprocal nature of our relationship with Europe. Our Brexit content offers key information and updates for all practitioners, as well as legislation trackers.

Corporate Insolvency and Governance Act 2020

Includes new legislation due to coronavirus. Temporary provisions centre around winding-up petitions, wrongful trading and ipso facto clauses. Permanent changes include the creation of two corporate insolvency processes.

International content

Get country guides for 45 jurisdictions – the majority are from our Getting the Deal Through series. Where there are jurisdictional gaps, we have commissioned content, and have created several comparison tables.

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Associated legal terms

Acquirenda

Any property or right acquired or received by a debtor for a period of four years after the date of sequestration. Prior to 1 April 2015, the period for acquirenda finished when the debtor was discharged from sequestration

Advanced electronic signatures

The principles applicable to basic electronic signatures apply. Advanced electronic signatures are not expressly given particular status in respect of admissibility or legal effect. The crucial feature of advanced electronic signatures is that they require a link between the signature and the signatory, with a view to providing a degree of identity authentication. In practice, the evidential value of an advanced electronic signature is likely to be higher than a basic electronic signature due to the thorough processes used to create it. Most advanced electronic signatures rely on PKI to fulfil its requirements. A signature record can show any evidence of tampering.

Floating charge (or Bond and Floating Charge)

Scotland uses a stand-alone floating charge, rather than including a floating charge in a debenture. The Bond refers to the debt obligation for which the security is given, and if not provided for in the floating charge document there needs to be a separate personal bond document. Often, however, the floating charge is drafted to include a bond, and so referred to as a bond and floating charge. Unlike England, it is possible to have a floating charge over the same assets at the same time as a fixed charge (eg Standard Security). This means that where a borrower provides an English debenture but has assets in Scotland, the wording of an English debenture floating charge needs to be checked to make sure it is compliant with Scots law floating charges
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