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ABI Committee News

Making In-Court Corporate Reorganizations Easier: Upcoming Bankruptcy Law Reform in Germany


German corporate bankruptcy law will soon undergo a major reform when the proposed Gesetz zur weiteren Erleichterung der Sanierung von Unternehmen (ESUG, or the Company Restructuring Facilitation Act) passes through legislation. The objective of the ESUG is to facilitate the restructuring of companies, strengthen the role of creditors and advance debtor-in-possession (DIP) type orders (eigenverwaltung) and reorganization plans (insolvenzplan). In addition, the ESUG will expand the special protection of central counterparties in financial systems and increase the efficiency of insolvency courts. The ESUG could be enacted as early as the fall of 2011, and aims at preventing forum shopping out of Germany.

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New Brazilian Law Allows for Single-Person Formations of Limited Liability Companies


A new law recently published in Brazil will facilitate the making of new investments with limited liability. Federal Law No. 12,441, enacted on July 11, 2011 (Law 12,441), amended certain provisions of the Brazilian Civil Code (Federal Law No. 10,406/2002) to allow the creation by a single person, either an individual or a legal entity, of companies with limited liability (EIRELI).

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