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| business recovery and insolvency: Corporate Recovery in an Integrated Europe Irene Lynch Fannon, Jennifer L. L. Gant, Aoife Finnerty, 2022-05-31 Exploring the considerable qualitative research conducted by the Judicial Cooperation in Economic Recovery (JCOERE) Project, this book provides a rich analysis of the questions surrounding the contrasting legal traditions and cultures within the European framework. Building on existing research, this book analyses the EU Directive (2019) harmonising 'preventive restructuring' law in all member states of the EU. Embodying a modern approach to business failure involving radical concepts, it examines the imposition of a stay or moratorium, the process of agreeing a compromise of existing debt through cram down and final approval, and ultimately financing the rescued business into the future. These concepts are considered in addition to the obligations imposed on courts through EU Regulation (2015) to cooperate in cross border litigation in insolvency generally. Chapters also provide a critical analysis of legal texts and commentary, studying the development of the Preventive Restructuring Directive (PRD) and domestic preventive restructuring processes. Critically considering the legal initiatives affecting business rescue within broader EU legal context, this book will be an insightful read for EU policy makers and insolvency lawyers and practitioners. Academics and researchers with an interest in European law and EU integration will also benefit from this comprehensive book. |
| business recovery and insolvency: Insolvency and Restructuring Manual Simon Beale, Paul Keddie, Tim Bromley-White, 2023-01-31 “...a comprehensive, well-structured guide for those dealing with insolvency and restructuring aspects on a regular basis.” German-British Chamber of Industry & Commerce* This manual examines the main formal processes involved in the world of corporate insolvency and restructuring such as liquidation, administration, receivership, company voluntary arrangements and schemes of arrangement. The Fourth Edition covers: - The Part 26A scheme of arrangement (or 'restructuring plan'), standalone moratorium and provisions for the protection of supplies introduced by the Corporate Insolvency and Governance Act 2020 - The regulations concerning disposals by an administrator to connected persons - The Supreme Court decision in BTI 2014 LLC vSequana S.A. and others clarifying when directors have a duty to creditors rather than shareholders - The legislative changes accompanying Brexit and other important developments in case law relating to cross-border matters - The use of special managers in complex compulsory liquidations as seen in the cases of Carillion, British Steel and Thomas Cook - The Pensions Schemes Act 2021 and its impact on the restructuring landscape This is an indispensable reference source for experienced practitioners and offers junior professionals, company directors and company secretaries a valuable introduction to the subject. *Review of a previous edition This title is included in Bloomsbury Professional's Insolvency Law online service. |
| business recovery and insolvency: Bankruptcy and Insolvency Taxation Grant W. Newton, Robert Liquerman, 2005-05-13 The thousands of mergers, acquisitions, and start-ups that have characterized the past ten years of business have created an increasing number of corporations in financial trouble: specifically, a shortage of venture capital or quick cash. Consequently, bankruptcy protection is now viewed as a strategic move to protect corporations from their creditors and allow them to reorganize. Bankruptcy and Insolvency Taxation, Third Edition provides the answers to the questions financial managers will have on the tax aspects of the bankruptcy strategy. |
| business recovery and insolvency: Going for Broke Jean-Pierre Brun, Molly Silver, 2019-12-06 Going for Broke focuses on insolvency as an additional civil remedy in the arsenal of asset recovery practitioners, specifically in the context of grand corruption investigations and proceedings. The recovery of corruption proceeds is often sought through criminal prosecution and confiscation or civil lawsuits. Insolvency proceedings can also be an effective mechanism in the right circumstances, with their own advantages and disadvantages. The scenario that is most likely to benefit from this type of remedy is one in which bribes and stolen funds have been routed through special-purpose companies. This guidebook is intended as a practical tool to help policy makers, public officials, and those who have been entrusted with recovering their nations' stolen assets. It informs them about the ways that insolvency can be used to pursue proceeds of corruption. It may also serve as a quick reference for other practitioners: insolvency professionals, auditors, financial institutions, in-house counsel, and other professionals who deal with corruption. |
| business recovery and insolvency: Corporate Insolvency Law Vanessa Finch, 2002-09-12 Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world. |
| business recovery and insolvency: Corporate Bankruptcy Grant W. Newton, 2003-01-31 No company should proceed toward a possible bankruptcy claim without a thorough understanding of the implications of all the available options. Corporate Bankruptcy provides CEOs, CFOs, controllers, and treasurers, as well as financial advisors and other professionals involved with bankruptcy filing, the tools they need to succeed. Order your copy today! |
| business recovery and insolvency: Orderly and Effective Insolvency Procedures International Monetary Fund, 1999-08-02 Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations. |
| business recovery and insolvency: Corporate Financial Distress and Bankruptcy Edward I. Altman, Edith Hotchkiss, 2010-03-11 A comprehensive look at the enormous growth and evolution of distressed debt, corporate bankruptcy, and credit risk default This Third Edition of the most authoritative finance book on the topic updates and expands its discussion of corporate distress and bankruptcy, as well as the related markets dealing with high-yield and distressed debt, and offers state-of-the-art analysis and research on the costs of bankruptcy, credit default prediction, the post-emergence period performance of bankrupt firms, and more. |
| business recovery and insolvency: Hong Kong Corporate Insolvency Manual Charles D. Booth, Stephen Briscoe, Edward Lawson Griffin Tyler, 2015 |
| business recovery and insolvency: Research Handbook on Corporate Restructuring Omar, Paul J., Gant, Jennifer L.L., 2021-08-27 This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world. |
| business recovery and insolvency: Insolvency Prospects Among Small-and-Medium-Sized Enterprises in Advanced Economies Mr.Federico J Diez, Mr.Romain A Duval, Jiayue Fan, José Garrido, Sebnem Kalemli-Ozcan, Chiara Maggi, Ms.Maria Soledad Martinez Peria, Mr.Nicola Pierri, 2021-04-02 The COVID-19 pandemic has increased insolvency risks, especially among small and medium enterprises (SMEs), which are vastly overrepresented in hard-hit sectors. Without government intervention, even firms that are viable a priori could end up being liquidated—particularly in sectors characterized by labor-intensive technologies, threatening both macroeconomic and social stability. This staff discussion note assesses the impact of the pandemic on SME insolvency risks and policy options to address them. It quantifies the impact of weaker aggregate demand, changes in sectoral consumption patterns, and lockdowns on firm balance sheets and estimates the impact of a range of policy options, for a large sample of SMEs in (mostly) advanced economies. |
| business recovery and insolvency: Keay's Insolvency Michael Murray, Jason Harris, 2016-03-10 The ninth edition of Keay's Insolvency has come at a time when major insolvency reforms, foreshadowed in previous editions, have just been announced. While none of these has become law, the authors have introduced readers to the proposed changes and the considerable impact they will have on the operation of the law and the administration of insolvencies. These include the introduction of a safe harbour defence to insolvent trading, allowing more emphasis on informal restructuring, restrictions on counter-parties terminating contracts under ipso facto clauses, and allowing small companies to go through a streamlined liquidation process. The timing of these reforms, and their significance, is such that those studying and practicing in insolvency need to have an understanding of what is coming, which Keay will provide, even if by way of brief comment at various points throughout. Those reforms have confirmed the authors' continued and increased focus on corporate restructuring law and practice, including outside the context of formal insolvency, an on-going trend in Australia, and internationally. This edition also has new commentary on the roles and duties of lawyers acting in insolvency. PPS law and practice and further embedded in the commentary, along with cross-border insolvency, tax, banking and other related laws. The text has necessarily been updated with commentary on new and important case law, with an emphasis on decisions from the High Court and Courts of Appeals, or on decisions that add new perspectives on the law and practice. The authors have given greater emphasis to legal and insolvency practice - with references throughout to ASIC and AFSA regulatory guidance, Court rules, the ARITA Code, tax issues and forms. Useful tables have been added to explain the details in the text and each chapter now has a summary table of references to the particular parts of the legislation, regulatory guidance, and court rules. The book also cross-references to cases in the new case book, Insolvency Law - Commentary and Materials. Commentary on the statistical trends available from the October 2015 annual reports of the regulators, and other data, is explained, in particular in as far as they may support the law reform trends. The final chapter in the last edition of the text critically assessed Australia's insolvency regime. The authors stand by that commentary and have necessarily updated and added to it in light of the law reform announcements, remaining of the view that while the laws work well enough, the environment local and international environment in which they operate has significantly changed such that, while the reforms are welcomed, a wholesale review of the regime in Australia is still needed. The authors are pleased to see the recognition given to Australian insolvency law and practice through the election of Mr Mark Robinson of PPB Advisory as President of INSOL International in 2015, and of Professor Rosalind Mason, of Queensland University of Technology (QUT), as Chair of INSOL Academics. Both have contributed enormously to the development of the practice and law of insolvency both in Australia and internationally. We are very pleased to have Mark Robinson contribute a foreword to this edition of the book. Michael Murray remains a visiting fellow at the Queensland University of Technology, and is now a Fellow of the Australian Academy of Law, and continues to work in and contribute to the development and thinking of insolvency and restructuring law, practice and policy. Jason Harris is now an Associate Professor in Law at the University of Technology, Sydney, and continues to teach and write extensively in the area, in particular in corporate law and restructuring. Each brings his respective knowledge, experience and thoughts to this important area of law and practice. |
| business recovery and insolvency: Comparative Insolvency Law Bo Xie, 2016-11-25 Comparative Insolvency Law argues that the most important development in contemporary insolvency law and practice is the shift towards a rescue culture rather than full creditor satisfaction. This book is the first to specifically examine the rise of the pre-pack approach, which permits debtor companies to formulate a clear pre-arranged exit before entering into formal insolvency proceedings. |
| business recovery and insolvency: Debt Recovery and Insolvency , |
| business recovery and insolvency: Corporate Insolvency Law Vanessa Finch, David Milman, 2017-10-19 A new and substantially revised edition which looks critically at the broad effect and conceptual underpinnings of corporate insolvency law. |
| business recovery and insolvency: Why Startups Fail Tom Eisenmann, 2021-03-30 If you want your startup to succeed, you need to understand why startups fail. “Whether you’re a first-time founder or looking to bring innovation into a corporate environment, Why Startups Fail is essential reading.”—Eric Ries, founder and CEO, LTSE, and New York Times bestselling author of The Lean Startup and The Startup Way Why do startups fail? That question caught Harvard Business School professor Tom Eisenmann by surprise when he realized he couldn’t answer it. So he launched a multiyear research project to find out. In Why Startups Fail, Eisenmann reveals his findings: six distinct patterns that account for the vast majority of startup failures. • Bad Bedfellows. Startup success is thought to rest largely on the founder’s talents and instincts. But the wrong team, investors, or partners can sink a venture just as quickly. • False Starts. In following the oft-cited advice to “fail fast” and to “launch before you’re ready,” founders risk wasting time and capital on the wrong solutions. • False Promises. Success with early adopters can be misleading and give founders unwarranted confidence to expand. • Speed Traps. Despite the pressure to “get big fast,” hypergrowth can spell disaster for even the most promising ventures. • Help Wanted. Rapidly scaling startups need lots of capital and talent, but they can make mistakes that leave them suddenly in short supply of both. • Cascading Miracles. Silicon Valley exhorts entrepreneurs to dream big. But the bigger the vision, the more things that can go wrong. Drawing on fascinating stories of ventures that failed to fulfill their early promise—from a home-furnishings retailer to a concierge dog-walking service, from a dating app to the inventor of a sophisticated social robot, from a fashion brand to a startup deploying a vast network of charging stations for electric vehicles—Eisenmann offers frameworks for detecting when a venture is vulnerable to these patterns, along with a wealth of strategies and tactics for avoiding them. A must-read for founders at any stage of their entrepreneurial journey, Why Startups Fail is not merely a guide to preventing failure but also a roadmap charting the path to startup success. |
| business recovery and insolvency: Corporate Insolvency and Rescue Irene Lynch-Fannon, Gerard N Murphy, 2016-10-14 The second edition of this authoritative book examines in detail all the corporate insolvency procedures available in Ireland, including examination, receivership and winding-up. It examines the rights and liabilities of the parties involved in the winding-up process - company directors, shareholders, and secured and unsecured creditors - and also addresses the issue of fraudulent and reckless trading. |
| business recovery and insolvency: Corporate Insolvency Frank Brumby, Andrew McTear, Chris Williams, Rosy Border, 2004-06-30 The Pocket Lawyer series is designed for members of the public who want how to guidance in situations that would normally require expert advice. |
| business recovery and insolvency: Corporate Financial Distress, Restructuring, and Bankruptcy Edward I. Altman, Edith Hotchkiss, Wei Wang, 2019-03-26 A comprehensive look at the enormous growth and evolution of distressed debt markets, corporate bankruptcy, and credit risk models This Fourth Edition of the most authoritative finance book on the topic updates and expands its discussion of financial distress and bankruptcy, as well as the related topics dealing with leveraged finance, high-yield, and distressed debt markets. It offers state-of-the-art analysis and research on U.S. and international restructurings, applications of distress prediction models in financial and managerial markets, bankruptcy costs, restructuring outcomes, and more. |
| business recovery and insolvency: Corporate Debt Restructuring in Emerging Markets Richard Marney, Timothy Stubbs, 2021-09-02 Corporate debt restructurings in the emerging markets have always presented special challenges. Today, as the global economy emerges from the COVID-19 pandemic and businesses look to pick up the pieces, this is even more true. For many, the financial hangover of the lockdowns and market disruptions linger and threaten their independence, even their survival. This peril is more acute in the emerging and frontier markets. Weaker economic fundamentals and institutional resiliency often intensify the challenge to return to pre-COVID-19 operating levels and financial sustainability. In this context, borrowers invariably must address the imbalance of substantial existing debt with the “new reality” of their business operations and revenues. This book, using case studies, presents a full, detailed narrative of a fictitious troubled bank in an emerging market, with characters, dialogues, and negotiations. It also includes a series of discussion questions with suggested answers, to draw out key issues from the case. In doing so, this initial narrative offers a substantive analysis of the five main phases and principles of a restructuring: (1) pre-restructuring, (2) the decision to restructure, (3) the case set-up, (4) structuring and negotiation, and lastly (5) implementation. In each chapter, the book outlines the main elements of the phases and shows how the elements are applied in practice. The book also presents separate chapters on exogenous shocks (with a focus on the COVID-19 pandemic as an example of such shocks), macroeconomics, and legal issues present in cross-border restructurings. It will be of interest to the international professional financial and legal community, primarily junior-to mid-level financiers, business people, and lawyers. |
| business recovery and insolvency: Insolvency Law Handbook Vernon Dennis, 2007 'Insolvency Law Handbook' is useful for professionals called upon to advise debtors faced with personal or corporate insolvency, or their creditors. It explains the insolvency process - looking at each of the various procedures in turn, highlighting the decisions to be made, the options available and the potential pitfalls. |
| business recovery and insolvency: Doing Business 2020 World Bank, 2019-11-21 Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity. |
| business recovery and insolvency: Principles of Corporate Insolvency Law Royston Miles Goode, 2011 Principles of Insolvency Law is widely regarded as 'the' text on Insolvency law. Professor Sir Roy Goode's reputation as the doyen of commercial law has established a unique position for the Work as a leading authority in the field. The book provides a clear and concise treatment of the general philosophical principles underpinning Insolvency law. It works as an introduction to this complex area and as such it has a broad market, ranging from students and newly qualified practitioners to barristers in Court. |
| business recovery and insolvency: Commencement of Insolvency Proceedings Dennis Faber, Niels Vermunt, Jason Kilborn, Tomáš Richter, 2012-03-29 This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings. This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned. The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations. This is the only book that offers a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries. |
| business recovery and insolvency: Buying and Selling Insolvent Companies and Businesses Ken Titchen, Susan Singleton, 2022-10-28 Buying and Selling Insolvent Companies and Businesses aims to be a comprehensive guide to its readers, being useful to insolvency practitioners and other professionals involved in insolvency, including lawyers, accountants, company directors and company secretaries. It is also of use to potential investors and their advisers as well as being of interest to students who may wish to specialise in insolvency. The new third edition has been updated to include: - Corporate Insolvency and Governance Act 2020 which brought in a new moratorium procedure and restructuring plan as permanent measures in response to COVID-19 - the impact of Brexit on insolvency laws - the impact of the significant rise in the use of company voluntary arrangements - the new Pensions bill, which will have an impact on advisors to insolvent companies This title is included in Bloomsbury Professional's Company and Commercial Law online service. |
| business recovery and insolvency: Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy Kashyap, Amit, 2018-09-28 With the increasing interdependence of global economies, international relations are becoming a more complex system. Through this, the growth of any economy is dependent upon the ease of business transactions; however, in recent times, there has been a growing impact of corporate insolvency law. Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy is an essential reference source that discusses the importance of insolvency laws in the financial architecture of emerging economies, as well as its fundamental issues. Featuring research on topics such as business restructuring, debt recovery, and governance regulations, this book is ideally designed for law students, policymakers, economists, lawyers, and business researchers seeking coverage on the jurisprudence and policy of corporate insolvency law in a globalized context. |
| business recovery and insolvency: Executory Contracts in Insolvency Law Jason Chuah, Eugenio Vaccari, 2023-01-20 Executory Contracts in Insolvency Law offers a unique and wide-ranging transnational study of the treatment of ongoing contracts when one of the parties becomes insolvent. This second edition not only updates existing material, but also extends the analysis to key developing economies and restructuring hubs. Written by experts with extensive practical and scholarly knowledge in the field, this is a cutting-edge investigation into the philosophies and rationales behind the different policy choices adopted by more than 30 jurisdictions across the globe. |
| business recovery and insolvency: Corporate Governance and Insolvency Keay, Andrew, Walton, Peter, Curl, Joseph, 2022-02-04 This important book provides a comprehensive analysis of governance issues that exist in relation to the management of insolvent companies, both while an insolvent company is still controlled by the directors and when it passes into the hands of an insolvency practitioner in a formal insolvency regime. Throughout, the authors argue that the two most important features of corporate governance are transparency and accountability and offer a detailed analysis of the relevant law and practice. |
| business recovery and insolvency: Colombia Insolvency (Bankruptcy) Laws and Regulations Handbook - Strategic Information and Basic Laws IBP, Inc., 2015-08-11 Comoros Insolvency (Bankruptcy) Laws and Regulations Handbook - Strategic Information and Basic Laws |
| business recovery and insolvency: The Future of Consumer Credit Regulation Michelle Kelly-Louw, James P. Nehf, Peter Rott, 2008-01-01 Effective regulation of consumer credit in modern society is an ever-changing challenge. As new forms of credit emerge in free societies, regulation often lags behind. This volume explores contemporary problems related to the regulation of consumer credit in market economies with a focus on credit extended to the most vulnerable and poorest members of the community. Written by experts in the field of consumer credit regulation from Europe, North America, Australia, and South Africa, the book examines some of the most important consumer credit issues facing consumers today and proposes innovative ways to protect the consumer interest in those markets. |
| business recovery and insolvency: Credit Risk and Credit Access in Asia OECD, 2006-03-09 This conference proceedings discusses progress made since the 1997-98 financial crisis and presents summaries of the situation in each country. |
| business recovery and insolvency: Tunisia Insolvency (Bankruptcy) Laws and Regulations Handbook Volume 1 Strategic Information and Basic Laws IBP, Inc., 2013-08 Tunisia Insolvency (Bankruptcy) Laws and Regulations Handbook - Strategic Information and Basic Laws |
| business recovery and insolvency: Personal Insolvency in the 21st Century Iain Ramsay, 2017-05-04 Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law. The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became part of EU responses to the eurozone crisis and the EU has proposed harmonisation of individual insolvency law to promote entrepreneurialism. This book examines the extent to which these developments represent an emerging international commonsense about personal insolvency and its relationship to neo-liberalism. Finally, this book discusses whether the international emergence of individual personal insolvency law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness. |
| business recovery and insolvency: Creditor Treatment in Corporate Insolvency Law Kayode Akintola, 2020-11-27 The significant role of credit in obtaining corporate capital means that credit and the treatment of creditors’ interests raises distinctive issues in the event of company insolvency. In this book, Kayode Akintola addresses these issues, providing an exceptional in-depth analysis of the principles, policy and practice of creditor treatment in corporate insolvency law. |
| business recovery and insolvency: Insolvency Law and Multinational Groups Daoning Zhang, 2019-07-30 The insolvency of multinational corporate groups creates a compelling challenge to the commercial world. As many medium and large-sized companies are multinational companies with operations in different countries, it is important to provide appropriate solutions for the insolvency of these key market players. This book provides a comprehensive overview of the cross-border insolvency theories, practical solutions and regulatory solutions for the insolvency of multinational corporate groups. Whilst the book recognises certain merits of these solutions, it also reveals the limitations and uncertainty caused by them. An analysis of the provisions and tools relating to cross-border insolvency of multinational corporate groups in the new EU Regulation on insolvency proceedings 2015, the UNCITRAL Model Law on cross-border insolvency, the Directive on preventive restructuring frameworks and the Bank Recovery and Resolution Directive 2014, along with a study of directors’ duties, are included in this book. This book focuses on the insolvency and rescue of non-financial corporate groups. However, it is also important to recognise the similarities and differences between corporate insolvency regimes and bank resolution regimes. In particular, lessons learnt from bank resolution practices may be useful for non-financial corporate groups. This book aims to provide an in-depth examination of the existing solutions for the insolvency of multinational corporate groups. It also aims to view cross-border insolvency of corporate groups within a broad context where all relevant regimes and theories interact with each other. Therefore, directors’ duties in the vicinity of insolvency, preventive insolvency proceedings, procedural consolidation, international cooperative frameworks and bank resolution regimes are considered together. This book may appeal to academics, students and practitioners within the areas of corporate law, cross-border insolvency law and financial law. |
| business recovery and insolvency: Current Issues in European Financial and Insolvency Law Wolf-Georg Ringe, Louise Gullifer, Philippe Théry, 2009-06-02 Recent case-law and legislation in European company and insolvency law have significantly furthered the integration of European business regulation. In particular, the case-law of the European Court of Justice and the introduction of the EU Insolvency Regulation have provided the stimulus for current reforms in various jurisdictions in the fields of insolvency and financial law. The UK, for instance, has adopted the Enterprise Act in 2002, designed, inter alia, to enhance enterprise and to strengthen the UK's approach to bankruptcy and corporate rescue. In a similar vein, a recent reform in France has modernised French insolvency law and even introduced a tool similar to the successful English 'company voluntary arrangement' (CVA). This book provides a collection of studies by some of the leading English and French experts today, analysing current perspectives of insolvency and financial law in Europe, both on the national as well as on the European level. |
| business recovery and insolvency: The Insolvency Service House of Commons Business and Enterprise, 2009-05-06 With the economic downturn there has been an alarming increase in the number of companies entering liquidation and unprecedented numbers of people are being made bankrupt. So the Committee decided to review the work of the Insolvency Service and found it to operate in a generally efficient and effective way. The investigation, though, uncovered concerns about the insolvency regime. Public confidence in the insolvency regime will be damaged unless prompt, robust and effective action is taken to ensure that pre-pack administrations (when a company's business and assets are sold on terms that were negotiated between the buyer and the administrator before the company formally entered administration) are transparent and free from abuse. This causes particular outrage where the existing management buy back the business and continue to trade clear of the original debts (Phoenix pre-packs). Pre-packs of this kind fuel concerns about illegitimate, self-serving alliances between directors and insolvency practitioners. The interests of unsecured trade creditors must take a higher priority, especially in phoenix pre-pack administrations. The Committee welcomes the new practice statement, Statement of Insolvency Practice 16, which aims to increase the transparency of pre-packs. Monitoring of its implementation, in the recession, becomes a matter of considerable urgency. Insolvency practitioners' remuneration is perceived as unduly high by many creditors: the Insolvency Service should publicise the results of it monitoring to see whether insolvency practitioners are complying with the current practice statement governing the approval of their fees. The Department for Business, Enterprise and Regulatory Reform must ensure the Service's funding arrangements are sufficiently robust to handle the very high levels of insolvency. |
| business recovery and insolvency: Vietnam Insolvency (Bankruptcy) Laws and Regulations Handbook - Strategic Information and Basic Laws IBP, Inc., 2013-08-01 Vietnam Insolvency (Bankruptcy) Laws and Regulations Handbook - Strategic Information and Basic Laws |
| business recovery and insolvency: Corporate Insolvency Legislation 2021 LawCompare, 2021-02-04 This publication provides a consolidation of Australian corporate insolvency legislation as at 1 January 2021. Key Features - Amending Act and legislative instrument details, including amending item numbers and the dates on which the amendments come into force. - Modifications to the Corporations Act 2001 (Cth) by the Corporations Regulations 2001 (Cth) (as amended by the Corporations and Other Legislation Amendment (Insolvency Law Reform) Regulation 2016 (Cth)). - Application, savings and transitional provisions. - Coverage of all ASIC insolvency approved forms. - Cross-references to ASIC Regulatory Guides and legislative instruments. - Interactions between the Corporations Act 2001 (Cth) and the Corporations (Stay on Enforcing Certain Rights) Declaration 2018 (Cth). - Interactions between the Cross-Border Insolvency Act 2008 (Cth) and the Cross-Border Insolvency Regulations 2008 (Cth). - Links between the Corporations Act 2001 (Cth) and the Corporations Regulations 2001 (Cth). - Links between the Corporations Act 2001 (Cth) and the Insolvency Practice Rules (Corporations) 2016 (Cth). - Commentary is included under various sections of the Corporations Act 2001 (Cth) and Corporations Regulations 2001 (Cth). |
| business recovery and insolvency: Corporate and Personal Insolvency Law Fiona Tolmie, 2013-03-04 First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company. |
BUSINESS | English meaning - Cambridge Dictionary
BUSINESS definition: 1. the activity of buying and selling goods and services: 2. a particular company that buys and….
VENTURE | English meaning - Cambridge Dictionary
VENTURE definition: 1. a new activity, usually in business, that involves risk or uncertainty: 2. to risk going….
ENTERPRISE | English meaning - Cambridge Dictionary
ENTERPRISE definition: 1. an organization, especially a business, or a difficult and important plan, especially one that….
INCUMBENT | English meaning - Cambridge Dictionary
INCUMBENT definition: 1. officially having the named position: 2. to be necessary for someone: 3. the person who has or….
AD HOC | English meaning - Cambridge Dictionary
AD HOC definition: 1. made or happening only for a particular purpose or need, not planned before it happens: 2. made….
LEVERAGE | English meaning - Cambridge Dictionary
LEVERAGE definition: 1. the action or advantage of using a lever: 2. power to influence people and get the results you….
ENTREPRENEUR | English meaning - Cambridge Dictionary
ENTREPRENEUR definition: 1. someone who starts their own business, especially when this involves seeing a new opportunity….
CULTIVATE | English meaning - Cambridge Dictionary
CULTIVATE definition: 1. to prepare land and grow crops on it, or to grow a particular crop: 2. to try to develop and….
EQUITY | English meaning - Cambridge Dictionary
EQUITY definition: 1. the value of a company, divided into many equal parts owned by the shareholders, or one of the….
LIAISE | English meaning - Cambridge Dictionary
LIAISE definition: 1. to speak to people in other organizations, etc. in order to work with them or exchange….
BUSINESS | English meaning - Cambridge Dictionary
BUSINESS definition: 1. the activity of buying and selling goods and services: 2. a particular company that buys and….
VENTURE | English meaning - Cambridge Dictionary
VENTURE definition: 1. a new activity, usually in business, that involves risk or uncertainty: 2. to risk going….
ENTERPRISE | English meaning - Cambridge Dictionary
ENTERPRISE definition: 1. an organization, especially a business, or a difficult and important plan, especially one that….
INCUMBENT | English meaning - Cambridge Dictionary
INCUMBENT definition: 1. officially having the named position: 2. to be necessary for someone: 3. the person who has or….
AD HOC | English meaning - Cambridge Dictionary
AD HOC definition: 1. made or happening only for a particular purpose or need, not planned before it happens: 2. made….
LEVERAGE | English meaning - Cambridge Dictionary
LEVERAGE definition: 1. the action or advantage of using a lever: 2. power to influence people and get the results you….
ENTREPRENEUR | English meaning - Cambridge Dictionary
ENTREPRENEUR definition: 1. someone who starts their own business, especially when this involves seeing a new opportunity….
CULTIVATE | English meaning - Cambridge Dictionary
CULTIVATE definition: 1. to prepare land and grow crops on it, or to grow a particular crop: 2. to try to develop and….
EQUITY | English meaning - Cambridge Dictionary
EQUITY definition: 1. the value of a company, divided into many equal parts owned by the shareholders, or one of the….
LIAISE | English meaning - Cambridge Dictionary
LIAISE definition: 1. to speak to people in other organizations, etc. in order to work with them or exchange….
