Extension Of Limitation On Enforcement Of Financial Guarantees

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Elias Neocleous & Co LLC

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Elias Neocleous & Co LLC is the largest law firm in Cyprus and a leading firm in the South-East Mediterranean region, with a network of offices across Cyprus (Limassol, Nicosia, Paphos), Belgium (Brussels), Czech Republic (Prague), Romania (Budapest) and Ukraine (Kiev). A dynamic team of lawyers and legal experts deliver strategic legal solutions to clients operating in key industries across Europe, Asia, the Middle East, India, USA, South America, and China. The firm is renowned for its expertise and jurisdictional knowledge across a broad spectrum of practice areas, spanning all major transactional and market disciplines, while also managing the largest and most challenging cross-border assignments. It is a premier practice of choice for leading Cypriot banks and financial institutions, preeminent foreign commercial and development banks, multinational corporations, global technology firms, international law firms, private equity funds, credit agencies, and asset managers.
A series of laws enacted in 2015 introduced limitations on creditors' ability to enforce guarantees in prescribed circumstances, particularly as regards individuals with assets below a specified threshold.
Cyprus Corporate/Commercial Law

A series of laws enacted in 2015 introduced limitations on creditors' ability to enforce guarantees in prescribed circumstances, particularly as regards individuals with assets below a specified threshold. The Insolvency of Natural Persons (Personal Repayment Plans and Debt Exemption Decree) Law (No. 65(I)/2015) prohibits credit institutions from instituting proceedings to enforce guarantees against natural persons whose assets, excluding their main residence, do not exceed €750,000 under specified circumstances. Other laws passed at the same time amended the provisions of the Bankruptcy Law and the Companies Law regarding guarantees. The 2015 amendments applied only to guarantees which were in existence at the date they entered into effect, namely 7 May 2015, and were due to expire after three years.

The amendments introduced in 2015 have now been extended for a further three years, by Laws 36(I)/2018, 37(I)/2018 and 38(I)/2018, which respectively amend the relevant articles of the Insolvency of Natural Persons Law (articles 67 and 97), the Companies Law (articles 202ΚΖ and 299) and the Bankruptcy Law (article 37B) to this effect.

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