Balancing the Protection of Business and Employment in Insolvency

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Publisher :
ISBN 13 : 9789462367555
Total Pages : 0 pages
Book Rating : 4.3/5 (675 download)

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Book Synopsis Balancing the Protection of Business and Employment in Insolvency by : Jennifer L. L. Gant

Download or read book Balancing the Protection of Business and Employment in Insolvency written by Jennifer L. L. Gant and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the economic shocks of 2007/08 a spotlight has been thrown on how best to support effective business rescue and employment protection. However, business rescue and employment protection often tend to conflict in law and policy. Employees attached to the sale of a business often represent a liability by reducing the business's intrinsic value and deterring business acquisitions in view employment liabilities that transfer by operation of the Acquired Rights Directive. As such, a balance must be sought between the conflicting policy objectives of business rescue and employment protection. This book presents an investigation based on a comparative legal historical analysis of the approaches taken to balancing employment protection and business rescue in the United Kingdom and France, chosen due to their legal and political influence in the EU and their archetypically different legal systems. This approach is useful as a background to future reform efforts as it explains how particular jurisdictions might receive and then implement such reforms given the underlying aims of business rescue and employment protection policies. (Series: European and International Insolvency Law Studies, Vol. 4) [Subject: Commercial Law, Labor Law]

Employee Rights in Corporate Insolvency

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Publisher : Routledge
ISBN 13 : 1000731111
Total Pages : 213 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Employee Rights in Corporate Insolvency by : Hamiisi Junior Nsubuga

Download or read book Employee Rights in Corporate Insolvency written by Hamiisi Junior Nsubuga and published by Routledge. This book was released on 2019-10-08 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses corporate rescue laws, processes and policies prescribed in corporate insolvency or bankruptcy laws, and employment laws of the UK and the US, with a particular focus on how extant employee rights are treated when a debtor employer initiates corporate insolvency proceedings. The commencement of formal insolvency proceedings by an employer affects employees’ rights and interests. Employment laws seek to protect employees’ rights and interests, while insolvency laws seek to promote corporate rescue, which may entail workforce changes. Consequently, this creates a tension between whose interest insolvency law should give primacy of protection. The book analyses how corporate rescue processes such as administration, pre-pack business sales, company voluntary arrangements, receivership and liquidation impact employee rights and protection during corporate rescue proceedings in both jurisdictions. It goes on to address how the federal system of government in the US and the diffusion of power between federal and state law jurisdictions impact a uniform code of employee protection during Chapter 11 bankruptcy reorganisation proceedings. The book considers how an interpretative approach to law (Dworkin’s Interpretative Theory of Law) may be used to balance both employee protection and corporate rescue laws during corporate insolvency in the UK and the US. Of interest to academics, students and employment law practitioners, this book examines the tension between corporate rescue laws and employment protection laws during corporate insolvency in the US and the UK and how this tension may be remedied or balanced.

Orderly and Effective Insolvency Procedures

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Publisher : International Monetary Fund
ISBN 13 : 9781557758200
Total Pages : 108 pages
Book Rating : 4.7/5 (582 download)

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Book Synopsis Orderly and Effective Insolvency Procedures by : International Monetary Fund

Download or read book Orderly and Effective Insolvency Procedures written by International Monetary Fund and published by International Monetary Fund. This book was released on 1999-08-02 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Doing Business 2020

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Publisher : World Bank Publications
ISBN 13 : 1464814414
Total Pages : 241 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Doing Business 2020 by : World Bank

Download or read book Doing Business 2020 written by World Bank and published by World Bank Publications. This book was released on 2019-11-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Protection of Employee Entitlements in Insolvency

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Publisher : Melbourne Univ. Publishing
ISBN 13 : 0522865992
Total Pages : 477 pages
Book Rating : 4.5/5 (228 download)

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Book Synopsis The Protection of Employee Entitlements in Insolvency by : Helen Anderson

Download or read book The Protection of Employee Entitlements in Insolvency written by Helen Anderson and published by Melbourne Univ. Publishing. This book was released on 2014-02-03 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Protection of Employee Entitlements in Insolvency: An Australian Perspective is the first detailed analysis of the law and policy dealing with employee entitlements such as wages, leave and redundancy payments that are threatened when companies fail. Although Australia has a government-funded safety-net scheme, currently known as the Fair Entitlements Guarantee, it doesn't cover all lost entitlements for all workers. Some argue that the scheme removes any incentive for companies to make adequate provision for their employees' entitlements, increasing the burden on the taxpayer. As well as investigating ways to safeguard the entitlements of employees that are presently lost through the improper behaviour of directors, The Protection of Employee Entitlements in Insolvency covers the history of Australia's present system and comprehensively sets out the avenues available to assist employees to recover their entitlements. It also canvases what might be done in the future to improve the protection of employee entitlements in Australia when companies become insolvent.

Protecting Employees and Retirees in Business Bankruptcies Act of 2010

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Publisher :
ISBN 13 :
Total Pages : 380 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Protecting Employees and Retirees in Business Bankruptcies Act of 2010 by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law

Download or read book Protecting Employees and Retirees in Business Bankruptcies Act of 2010 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2010 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Insolvency Prospects Among Small-and-Medium-Sized Enterprises in Advanced Economies

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Publisher : International Monetary Fund
ISBN 13 : 1513574566
Total Pages : 29 pages
Book Rating : 4.5/5 (135 download)

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Book Synopsis Insolvency Prospects Among Small-and-Medium-Sized Enterprises in Advanced Economies by : Mr.Federico J Diez

Download or read book Insolvency Prospects Among Small-and-Medium-Sized Enterprises in Advanced Economies written by Mr.Federico J Diez and published by International Monetary Fund. This book was released on 2021-04-02 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Creditor Rights and the Public Interest

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Publisher :
ISBN 13 : 9780802087546
Total Pages : 352 pages
Book Rating : 4.0/5 (875 download)

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Book Synopsis Creditor Rights and the Public Interest by : Janis Pearl Sarra

Download or read book Creditor Rights and the Public Interest written by Janis Pearl Sarra and published by . This book was released on 2003 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States. Sarra draws on a comprehensive body of academic literature that covers a broad range of issues--insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials. Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.

Corporate Insolvency: Employment and Pension Rights

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Publisher : Bloomsbury Publishing
ISBN 13 : 1526515644
Total Pages : 1421 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Corporate Insolvency: Employment and Pension Rights by : David Pollard

Download or read book Corporate Insolvency: Employment and Pension Rights written by David Pollard and published by Bloomsbury Publishing. This book was released on 2022-10-24 with total page 1421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about “association” and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work. This title is included in Bloomsbury Professional's Insolvency Law online service.

Rescue of Business in Europe

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Publisher : Oxford University Press
ISBN 13 : 0192561111
Total Pages : 1552 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Rescue of Business in Europe by : Bob Wessels

Download or read book Rescue of Business in Europe written by Bob Wessels and published by Oxford University Press. This book was released on 2020-01-30 with total page 1552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume is based on the European Law Institute's project, The Rescue of Business in Insolvency Law, which ran from 2013 to 2016. The project sought to investigate and articulate the essential features of well-functioning procedures for the "rescue" of distressed but viable businesses. Although the focus was primarily on the design and implementation of formal procedures (that is, those provided by law), the project also required consideration of the interaction between such procedures and informal solutions to distress, given the obvious cost advantages of the latter. The ELI project was not confined exclusively to restructurings, since these are only one possible route to maximising the value of a distressed but viable business (an auction procedure, in which the business is sold on a going concern basis to a new owner, is one obvious alternative). The ELI project encompasses various aspects of both public/constitutional law and insolvency law that may have a bearing on the functionality of formal restructuring procedures.

The Economics of Bankruptcy Reform

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Publisher :
ISBN 13 :
Total Pages : 78 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The Economics of Bankruptcy Reform by : Philippe Aghion

Download or read book The Economics of Bankruptcy Reform written by Philippe Aghion and published by . This book was released on 1992 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: We propose a new bankruptcy procedure. Initially, a firm's debts are cancelled, and cash and non-cash bids are solicited for the 'new" (all-equity) firm. Former claimants are given shares, or options to buy shares, in the new firm on the basis of absolute priority. Options are exercised once the bids are in. Finally, a shareholder vote is taken to select one of the bids. In essence, our procedure is a variant on the U.S. Chapter 7, in which non-cash bids are possible; this allows for reorganization. We believe our scheme is superior to Chapter 11 since it is simpler, quicker, market-based, avoids conflicts, and places appropriate discipline on management.

Protecting Employees and Retirees in Business Bankruptcies Act of 2007

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Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Protecting Employees and Retirees in Business Bankruptcies Act of 2007 by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law

Download or read book Protecting Employees and Retirees in Business Bankruptcies Act of 2007 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2009 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Micro, Small, and Medium Enterprise Insolvency

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Publisher : Oxford University Press, USA
ISBN 13 : 9780198799931
Total Pages : 226 pages
Book Rating : 4.7/5 (999 download)

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Book Synopsis Micro, Small, and Medium Enterprise Insolvency by : Ronald Davis

Download or read book Micro, Small, and Medium Enterprise Insolvency written by Ronald Davis and published by Oxford University Press, USA. This book was released on 2018 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reconsiders the treatment of distressed Micro, Small and Medium Enterprises (MSMEs). Recognising that insolvency systems traditionally suit larger enterprises, and that they do not always apply neatly to smaller entities, the book proposes a 'modular' approach designed to facilitate the treatment of smaller enterprises in distress.

The Use of Data in Assessing and Designing Insolvency Systems

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Publisher : International Monetary Fund
ISBN 13 : 1484396227
Total Pages : 44 pages
Book Rating : 4.4/5 (843 download)

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Book Synopsis The Use of Data in Assessing and Designing Insolvency Systems by : José Garrido

Download or read book The Use of Data in Assessing and Designing Insolvency Systems written by José Garrido and published by International Monetary Fund. This book was released on 2019-02-04 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: To date, the use of empirical data in insolvency law analysis has been sporadic. This paper provides a conceptual framework for the use of data to assess the effectiveness and efficiency of insolvency systems. The paper analyzes the existing sources of data on insolvency proceedings, including general insolvency statistics, judicial statistics, statistics of insolvency regulators and other sources, and advocates for the design of special data collection mechanisms and statistics to conduct detailed assessments of insolvency systems and to assist in the design of legal reforms.

An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency

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Publisher : International Monetary Fund
ISBN 13 : 1498336051
Total Pages : 77 pages
Book Rating : 4.4/5 (983 download)

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Book Synopsis An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency by : International Monetary Fund. Monetary and Capital Markets Department

Download or read book An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency written by International Monetary Fund. Monetary and Capital Markets Department and published by International Monetary Fund. This book was released on 2009-04-17 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides an overview of the legal, institutional, and regulatory framework that countries should put in place to address cases of bank insolvency. It is primarily intended to inform the work of the staffs of the International Monetary Fund (IMF) and World Bank, and to provide guidance to their member countries.

Canadian Bankruptcy/Insolvency and Companies’ Creditors Arrangement Law: Provisions, Precedents and Materials

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Author :
Publisher : Lyndon Maither
ISBN 13 :
Total Pages : 2938 pages
Book Rating : 4./5 ( download)

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Book Synopsis Canadian Bankruptcy/Insolvency and Companies’ Creditors Arrangement Law: Provisions, Precedents and Materials by : Lyndon Maither

Download or read book Canadian Bankruptcy/Insolvency and Companies’ Creditors Arrangement Law: Provisions, Precedents and Materials written by Lyndon Maither and published by Lyndon Maither. This book was released on with total page 2938 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Protecting Employees in Airline Bankruptcies

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Publisher :
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Protecting Employees in Airline Bankruptcies by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law

Download or read book Protecting Employees in Airline Bankruptcies written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2010 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: