ARTICLE
18 February 2011

Changes To Creditors' Rights On Mergers

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CMS Cameron McKenna Nabarro Olswang

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Unsecured creditors can no longer request payment from a merging/demerging company of sums that are not due and payable at the time of the merger/demerger.
Bulgaria Corporate/Commercial Law

Unsecured creditors can no longer request payment from a merging/demerging company of sums that are not due and payable at the time of the merger/demerger.

This change came into effect on 31 December 2010. It clarifies inconsistencies in previous court practice which allowed some creditors, depending on their rights, to request payment of such sums within the six-month period after registration of the merger/demerger as an alternative to seeking security for their claim.

Unsecured creditors whose payments are not due and payable from a merging/demerging company may now only request security and then, if it is not provided, ask the courts to secure their claims by measures such as distraint or injunction.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 17/02/2011.

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