Elias Neocleous & Co

Libor [London interbank offered rate] is the primary benchmark, along with Euribor, for short-term interest rates around the world. Libor rates are calculated for five currencies and seven borrowing periods, ranging from overnight to one year, and are published each business day. Libor is based on submissions provided by a selection of large international panel banks. These submissions are intended to reflect the interest rate at which banks could lend one another unsecured funds. Many financial institutions, mortgage lenders, and credit card agencies set their own rates based on this. However, in 2017, the UK's Financial Conduct Authority (FCA) announced that after 2021 it would no longer require the panel banks to submit the rates needed to calculate Libor. Libor will no longer be published after the end of 2021, and market participants are urged to transition to alternative reference rates (ARRs).

On January 22 2020 the instrument of ratification of the Multilateral Convention to Implement Tax Treaty Related Matters (MLI), and the Cyprus position on the minimum standards of the MLI and explanatory statement, were published in the Official Gazette of the Republic.

Distressed companies are those facing financial crises not resolvable without a considerable recasting of the firm's operations, structures and finance. This can be brought about through a company's failure to make a substantial payment of principal or interest to a creditor. Distress can also be seen in terms of financial ratios, for example in terms of liquidity and longer-term solvency. The basic and most prevalent forms of corporate distress assessment are the cash flow and the balance sheet tests, which apply both to going concern and break up (insolvency) valuation. In terms of break up valuation, under the cash flow test, a company is insolvent when it is unable to pay its debts as they fall due. Under the balance sheet test, the entity is insolvent if the book value of its assets, as listed on the conventional balance sheet, is less than its reported liabilities. The notions of asset exchangeability/liquidity and time prospect of sale are of great importance, particularly for the balance sheet test, as the latter includes the assessment of assets' value, by definition (UK Insolvency Act, 1986, 123 [2]). In this article, we first present the international/UK insight and, then, the Cyprus position on the matter.