Home / Expertise / Insolvency & Restructuring

Insolvency & Restructuring

Portugal

The Insolvency and Restructuring team of CMS Rui Pena & Arnaut has a very practical approach to insolvency judicial and extrajudicial phenomena. Insolvency and restructuring are for us not the end, but the start of something. We have a team with a wide experience in this area, who knows the process well and who looks for the solutions that better serve our clients’ needs.

The follow-up we assure is, in several cases, complemented with the resource to other areas developed at CMS Rui Pena & Arnaut referring to the issue in question, with the purpose of providing a solution adequate to each real case, thereby contemplating all rationale of our clients’ economical activity.

We are particularly capable to assist our clients in:

  • Extrajudicial restructuring and renegotiations of debts or within the scope of a special conciliation procedure by IAPMEI
  • Legal assistance in insolvency judicial proceedings, including the assistance in the draft of recovery plans and resource to protective orders in insolvency
  • Legal representation of multi creditors
  • Participation and attendance in creditors’ committees
  • Acquisition and management of distressed assets and non performing loans
  • Advice in cross-border insolvencies, notably in regard to the resolution of businesses by the insolvency administrator

Acknowledgement

 

The great advantages of the team are its accessibility and that the lawyers have notable knowledge of the insurance market.
Chambers & Partners 2017
Highly regarded practice, well known for handling contentious matters in the sector. Sources acknowledge the efficiency of the team and "their vast knowledge" adding that the "lawyers have a good background in the area".
Chambers & Partners 2017
Read more Read less

Feed

Show only
02 February 2021
EC Con­sulta­tion on sus­tain­able cor­por­ate gov­ernance: dead­line ap­proach­ing
Key ac­tion point On 26 Oc­to­ber 2020, the European Com­mis­sion launched its pub­lic con­sulta­tion on sus­tain­able cor­por­ate gov­ernance (Con­sulta­tion). The Con­sulta­tion closes on 8 Feb­ru­ary 2021 and we would...
07 October 2020
Ger­many's Busi­ness Judge­ment Rule not ap­plic­able to in­solv­ency ad­min­is­trat­ors
In a re­cent de­cision, the Ger­man Fed­er­al Su­preme Court ad­dressed the ap­plic­ab­il­ity of the Busi­ness Judge­ment Rule to in­solv­ency ad­min­is­trat­ors in Ger­many and re­jec­ted the ap­plic­ab­il­ity of the rule in...
05 October 2020
Re­struc­tur­ing out­side of in­solv­ency pro­ceed­ings soon pos­sible for il­li­quid...
Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion sub­mits draft bill on pre­vent­ive re­struc­tur­ing On 18 Septem­ber 2020, the Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion sub­mit­ted a 247-page draft...
07 July 2020
IFLR1000 dis­tin­guishes CMS Rui Pena & Ar­naut
CMS Rui Pena & Ar­naut has just been high­lighted by the in­ter­na­tion­al dir­ect­ory IFLR1000.The firm is re­com­men­ded in the fol­low­ing areas:Bank­ing;Cap­it­al Mar­kets: Debt;Cap­it­al Mar­kets: Equity;M&A;Pro­ject...
26 February 2020
Joa­quim Shear­man de Macedo dis­tin­guished by Who's Who Leg­al
Joa­quim Shear­man de Macedo was dis­tin­guished in the 2020 edi­tion of Who's Who Leg­al. The in­ter­na­tion­al guide high­lights CMS Rui Pena & Ar­naut's part­ner in In­solv­ency & Re­struc­tur­ing, hav­ing awar­ded him...
02 July 2019
Crowd­fund­ing: The Coun­cil for the EU pub­lishes the next step to­wards an...
On 26 June 2019, the Coun­cil for the European Uni­on pub­lished a com­prom­ise pro­pos­al in re­la­tion to the European Com­mis­sion’s draft frame­work to reg­u­late crowd­fund­ing plat­forms in the EU (the "Crowd­fund­ing...
02 April 2019
Crowd­fund­ing: European Par­lia­ment steps up in­vestor pro­tec­tion in its amend­ments...
On 27 March 2019 the European Par­lia­ment ad­op­ted its po­s­i­tion on the Com­mis­sion's pro­pos­als for com­mon rules for crowd­fund­ing plat­forms across Europe. The Com­mis­sion pub­lished the ori­gin­al draft reg­u­la­tion...
29/1/2018
An­gola: Cre­ation of the multi­sect­ori­al com­mis­sion for the reg­u­lat­ory frame­work...
An­golaPres­id­en­tial Or­der No. 3/18 of Janu­ary 12nd has re­cently been pub­lished, which es­tab­lishes a Multi­sect­or­al Com­mis­sion with the ob­ject­ive of mak­ing a dia­gnos­is of the in­sti­tu­tion­al and reg­u­lat­ory...
16/01/2013
Re­port­ing trends of labor law firm in 2013, fea­tur­ing Nuno Pena
"In 2013, the prac­tice areas more de­mand for Por­tugal will be lit­ig­a­tion, in­solv­ency, labor and tax. In the area of labor law, the re­dund­an­cies, in­clud­ing col­lect­ive re­dund­ancy pro­ced­ures, and in the...
13/09/2012
Wait­ing for a dif­fer­ent des­tin­a­tion for Sireve
"We'll see over time if the quick re­vital­iz­a­tion - im­per­at­ive as it must be - which now takes the first steps is feas­ible with the in­suf­fi­cient leg­al struc­ture that we have. We hope that Sireve won't...
11/01/2012
Meet the Law - In­solv­ency & Re­struc­tur­ing
On the past Decem­ber 12th 2011, the Coun­cil of Min­is­ters ap­proved the text of the draft law that con­sol­id­ates the 6th al­ter­a­tion of the Code of In­solv­ency and Cor­por­ate Re­cov­ery (CIRE) and es­sen­tially...
03/01/2011
Get­ting the Deal Through: Re­struc­tur­ing & In­solv­ency in 50 jur­is­dic­tions...
In Por­tugal, bank­ruptcy and re­or­gan­isa­tion pro­ceed­ings are gov­erned by the same code, the In­solv­ency and Cor­por­ate Re­struc­tur­ing Code (CIRE), ap­proved by De­cree-Law No. 53/2004, of 18 March, which came...