Photo of Anna Scharnetzky

Anna Scharnetzky

Call: 2011

Anna specialises in company law, corporate insolvency and corporate finance, as well as related areas of commercial law. Her practice is divided approximately equally between advisory work and litigation.

Anna undertakes a mixture of high value and complex led work along with unled work. She regularly appears in the High Court, before the Registrars in the Companies Court and in the County Court.

Anna is a native German speaker and has a good working knowledge of French.

Corporate

Anna advises on all aspects of company law including:

  • Construction and drafting of constitutional documents
  • Disclosure and Transparency Rules
  • Takeover Code
  • Drafting of and advice on shareholders’ agreements and articles of association, in particular advice in relation to the construction of pre-emption provisions (including in the context of financial remedy proceedings)
  • Reductions of capital
  • Advice in relation to share rights plans
  • Advice in relation to class rights
  • Advice in relation to the buy-back of shares
  • Applications relating to information on the register at Companies House (removal of information, rectification of information)
  • Application for company restoration to the register
  • Rectification of the register of charges
  • Advice in relation to company meetings (board and members)
  • Advice on pre-incorporation contracts

Restructuring & Insolvency

  • Setting aside statutory demands
  • Administration (incl. extensions of time)
  • Bankruptcy hearings
  • Injunctions to restrain the presentation or advertisement of a winding-up petition
  • Applications for validation orders
  • Disputes as to jurisdiction (in relation to corporate insolvency and bankruptcy)
  • Reversal of transactions in insolvency (transactions at an undervalue, preference)
  • Application to set aside a winding-up order
  • Applications for freezing and proprietary injunctions
  • Advice on issues arising out of the Cross-Border Insolvency Regulations 2006 and the EC Insolvency Regulations 2000

 

Significant cases include:

Re Commonwealth Institute (Setchim v Secretary of State for Foreign & Commonwealth Affairs) [2014] EWHC 2218
Volutary liquidation; application for directions under s.112 Insolvency Act 1986.

Re Commonwealth Institute (In Members’ Voluntary Liquidation) [2014] W.T.L.R. 1621
Application by the liquidators for directions in relation to (amongst other matters) a potential claim against the Government estimated to be worth in excess of £18m; acted for the Secretary of State for Foreign and Commonwealth Affairs (an interested party).

 

Litigation & Arbitration

Anna is regularly instructed on corporate and commercial disputes, including:

  • Shareholder disputes
  • Unfair prejudice petitions
  • Commercial litigation
  • Winding up on the just and equitable ground
  • Breach of directors’ / fiduciary duties
  • Breach of warranty claims
  • Joint venture disputes
  • Derivative claims
  • Directors’ disqualification
  • Claims by a company against its former directors
  • Claims arising out of unlawful distributions
  • Breach of warranty claims in particular in relation to share sale agreements
  • Asset recovery

Memberships & Publications

Chancery Bar Association

COMBAR

Education and Awards

2006 – 2009 BA (Hons) in Law, Corpus Christi College, Cambridge

James William Squire Scholarship (Faculty of Law, University of Cambridge)

Avory Scholarship (Corpus Christi College, Cambridge)

2009 – 2010 LLM (Distinction), University College London

2010 – 2011 BPTC (Very Competent), Kaplan Law School

The Bacon Award (Gray’s Inn)

Avory Studentship (Corpus Christi College, Cambridge)