Bankruptcy restrictions undertaking meaning

This Practice Note considers undertakings in the context of interim injunctions This Practice Note explores undertakings within the setting of interim injunctions. For guidance on undertakings given other than in that context, see: Undertakings—overview concerning solicitors’ undertakings Practice Note: Undertakings (covenants) for contractual undertakings in a banking context Practice Note: Enforcement of undertakings which concerns enforcement of undertakings in a family law context Bankruptcy restrictions orders and undertakings—overview for bankruptcy undertakings It addresses interpretation and practical use of the relevant provisions of the CPR. Depending on the court seised of your case, additional requirements may apply—see the court specific guidance below. For general material on interim injunctions, consult: Interim injunctions—the American Cyanamid guidelines Interim injunctions—on notice applications Interim injunctions—without notice applications Interim injunctions—drafting the order Unless otherwise indicated, the authorities and issues discussed chiefly concern undertakings associated with applications for a general interim injunction. The core principles, however, broadly extend...

This glossary sets out numerous expressions regularly encountered in the restructuring & insolvency sphere. Words shown in bold within definitions are themselves explained in other entries in this glossary as well. A Article X The MLIJ contains a single provision named Article X, aimed at jurisdictions that have already implemented the MLCBI, like England, or are weighing its adoption. Article X states: ‘Not withstanding any prior interpretation to the contrary, the relief available under [insert a cross-reference to the legislation of this State enacting Article 21 of the UNCITRAL Model Law on Cross-Border Insolvency] includes recognition and enforcement of a judgment’ (see Practice Note: UNCITRAL model law on recognition and enforcement of insolvency-related judgments (MLIJ): Article X). Asset-backed security (ABS) A form of security anchored by asset pools, for example loans, leases, and credit card receivables. Assimilated law From 1 January 2024, ‘retained law’ has been retitled ‘assimilated law’. The body of domestic law originally arising from EU obligations, created by the European...

How can a director be disqualified? There are several routes by which a director can be disqualified, spanning various provisions of the Company Directors Disqualification Act 1986 (CDDA 1986) and the Insolvency Act 1986 (IA 1986). These include disqualification on bankruptcy and through a bankruptcy restrictions order (BRO) or a bankruptcy restrictions undertaking (BRU). For further guidance, refer to the following Practice Notes: Practice Note: How can a director be disqualified as a company director? Bankruptcy restrictions orders and undertakings—overview This Practice Note is not intended to cover every restriction arising from a BRO, BRU or bankruptcy. For full details, see the separate Practice Note: Effect and duration of bankruptcy restrictions orders (BROs). The scope here is limited to restrictions resulting from disqualification under CDDA 1986, section 6. It also excludes the restrictions under IA 1986, section 216 relating to prohibited names. For more on those provisions, see Practice Note: Prohibited names under section 216 of the Insolvency Act 1986...