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Latest Amendments to the Act on Strengthening Industrial Competitiveness in relation to Turnaround ADR

NO&T Japan Legal Update

著者等
铃木崇
出版社
长岛・大野・常松律师事务所
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杂志
NO&T Japan Legal Update 第28号(2021年6月)
语言

英文

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请注意,本简报的目的是提供信息,并非提供法律建议。另外,本简报仅包括根据发行日(制作日)时点的信息,不包括该时点之后的信息。特别是速报可能会与现状的解释或惯例不同,敬请留意。

I. Introduction
While the COVID‐19 pandemic has caused serious adverse effects on many industries worldwide, the number of corporate bankruptcy cases in Japan in fiscal year 2020 was its lowest in the last 20 years. Support measures implemented by the authorities and financial institutions contributed to the low number of corporate bankruptcies to a certain extent; however, such measures have also resulted in unforeseen side effects as well. As financial institutions have provided COVID‐19 support loans aggressively, debtor companies have begun to experience excessive debt problems. At the end of March 2021, the provision for loan losses across 107 major financial institutions was 3.645 trillion yen, up 24.6% from the previous year.1
Long‐term business deterioration and such excessive debts could lead to a rise in restructuring cases in the near future. Considering that financial debts would comprise the majority of such excessive debts incurred by financial institutions, outof‐court workout procedures like Turnaround Alternative Dispute Resolution (“Turnaround ADR”) will likely become increasingly important.

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