Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Amendments redefine "fair value" as estimated realizable value of the corporate debtor or its assets on the insolvency commencement date and require the resolution professional to appoint two sets of registered valuers within specified timelines to determine fair value and liquidation value. Valuation procedure mandates asset-class valuers with a coordinating valuer, a pre valuation meeting, physical verification, valuation reports per Board format, a third set where estimates differ by 25% or on committee request, and averaging of the two closest estimates for final fair value and liquidation value. Information memorandum disclosures are expanded to include receivables, joint development arrangements, attached assets and details of allottees; resolution plans must address allottees who have not filed claims.
Amendments redefine "fair value" as estimated realizable value of the corporate debtor or its assets on the insolvency commencement date and require the resolution professional to appoint two sets of registered valuers within specified timelines to determine fair value and liquidation value. Valuation procedure mandates asset-class valuers with a coordinating valuer, a pre valuation meeting, physical verification, valuation reports per Board format, a third set where estimates differ by 25% or on committee request, and averaging of the two closest estimates for final fair value and liquidation value. Information memorandum disclosures are expanded to include receivables, joint development arrangements, attached assets and details of allottees; resolution plans must address allottees who have not filed claims.
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