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Judgment

In re Santiago Pipelines Company; In re New Santiago Pipelines Company - Judgment

FSD 0153/2012; FSD 0154/2012 (AJJ) · 2012-12-17

Whether the evidence filed was sufficient for the Court to understand the Companies’ financial condition and the commercial rationale for the restructuring; whether the Court could properly confirm capital‑reduction resolutions under ss.15–16 of the Companies Law; whether the restructuring served a “discernable purpose” as required by Ratners/Thorn principles; whether the Colombian tax‑driven spin‑off structure constituted a legitimate commercial objective; whether the absence of creditors and unanimous shareholder approval satisfied shareholder and creditor‑protection considerations

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