Host: Frank Tschentscher (DL, Hamburg)
Presenters: Marie Waechter (Taj, Paris), Bernhard Koeck (DL, Vienna), Ruben Kamerling (DL, Amsterdam)
On 20 June 2019, the European Union adopted the Directive 2019/1023, on restructuring and insolvency (‘the Directive’), making it mandatory for EU Member States to offer a "preventive restructuring framework" for companies in distress. In part, the Directive is a reaction to the forum shopping phenomenon observed in European companies in financial crisis but also responding to a lack of pre-insolvency proceedings in restructuring regimes of many EU member states. How might this affect your organisation? We’ll discuss:
- An overview of the content and scope of the Directive.
- Current status of implementation into national legislation.
- Key features of the respective implementation laws of:
- The implications for companies in distress (and their creditors).
Keep up to date with this developing area.
Frank Tschentscher, LL.M. (Nottingham Trent Univ.)
Frank Tschentscher joined Deloitte Legal as a partner on 1 July 2021. He advises on German and international restructuring and insolvency law and has extensive knowledge and more than 21 years of experience in negotiating and implementing complex restructuring projects in Germany and abroad. Frank Tschentscher regularly represents groups of international financial creditors and/or bank consortia in the out-of-court restructuring of (partly listed) companies but also does debtor work. Before joining Deloitte Legal, he worked for many years as a restructuring and insolvency partner at leading law firms in Germany and England. He is also admitted as a Solicitor (England & Wales) and has many years of experience advising clients on English insolvency and restructuring law (including corporate proceedings such as the Scheme of Arrangement). Frank Tschentscher is the author of numerous publications in German and English and regularly speaks on insolvency law and restructuring related topics at domestic and foreign conferences. Best Lawyers has recommended Frank Tschentscher in the restructuring and insolvency law and mergers and acquisitions categories since 2019, and the JUVE Handbook lists him as a frequently recommended lawyer in the "Restructuring and Insolvency" category. At Legal 500 Germany, he is described as "very experienced in insolvency, balanced in his judgement and a good negotiator" as well as one of "the best connoisseurs of UK restructuring law, but above all also of the UK restructuring culture"). Frank Tschentscher wrote his Master's thesis on English and European insolvency law. He is currently Immediate Past President of INSOL Europe, the leading international organisation of professionals specialising in insolvency, business reconstruction and recovery. Publications
Andreas Jentgens is a lawyer and partner who has been with Deloitte Legal since 2000. Starting from June 1, 2023, Andreas Jentgens has also taken on the role of Managing Partner for Deloitte Legal Germany. Andreas Jentgens provides legal advice to companies and entrepreneurs on matters pertaining to corporate and reorganization law, as well as in the context of predominantly cross-border M&A transactions. His clientele includes internationally operating medium-sized companies as well as publicly listed corporations, who appreciate his combination of legally sound expertise and a pragmatic, solution-oriented approach. In his capacity as the head of Deloitte Legal's Japan Desk, he also specializes in advising Japanese companies. With his extensive experience and proven expertise, Andreas Jentgens has successfully advised on numerous often cross-border mergers, demergers, changes of legal form, cross-border relocations of registered offices, capital measures, affiliation agreements, and the establishment of holding entities and group structures. Andreas Jentgens has been consistently recognized for his outstanding work in the field of M&A. He has been consistently ranked among the best lawyers in Germany for M&A by publications such as Best Lawyers and Handelsblatt, and is listed as a frequently recommended lawyer for M&A by Legal500 (Legalease) and in the JUVE Handbook. Hs expertise in corporate restructurings has been acknowledged in the JUVE Handbook already in 2010. He studied at the University of Cologne and completed his legal clerkship in Aachen. He is fluent in both German and English.
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