European Preventive Restructuring

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Implementation of the EU Preventive Restructuring Directive

Author : Harold Koster
Publisher :
ISBN 13 : 9789047301868
Total Pages : 0 pages
Book Rating : 4.3/5 (18 download)

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Book Synopsis Implementation of the EU Preventive Restructuring Directive by : Harold Koster

Download or read book Implementation of the EU Preventive Restructuring Directive written by Harold Koster and published by . This book was released on 2024-02-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2019, the European Parliament and the Council adopted the Preventive Restructuring Directive (2019/1023), providing for minimum harmonisation of, among others, preventive restructuring frameworks (PRF). This book provides in-depth analyses of its implementation in seven European countries: Austria, Denmark, France, Germany, Greece, The Netherlands, and the United Kingdom. Whereas Member States of the European Union were under a duty to complete implementation by July 2022, the United Kingdom took inspiration from it when voluntarily introducing reforms to its restructuring regime. This book covers detailed analyses of the new or reformed PRFs across Europe, including the objective and scope of a PRF, the criteria/test to enter a PRF, the involved actors, the possibilities for a stay, the plan, the possibilities for a debt-for-equity swap, the effects of a PRF on executory contracts and jurisdiction and recognition of court decisions taken during a PRF. Drawing on the domestic implementations, the book also presents a comparative study evaluating the different policy options implemented by domestic legislators. This book functions as an insightful source for practitioners, academics and policy makers. This book series is published under the aegis of the Leiden Business and Law Research Network (BLRN). This research and expertise network conducts research on the various aspects of doing business in the context of company and insolvency law. BLRN pays particular focus on topics such as corporate governance, corporate sustainability, mergers and acquisitions, and restructuring and insolvency. www.universiteitleiden.nl/blrn

European Preventive Restructuring

Author : Christoph G. Paulus
Publisher :
ISBN 13 : 9783406753503
Total Pages : 500 pages
Book Rating : 4.7/5 (535 download)

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Book Synopsis European Preventive Restructuring by : Christoph G. Paulus

Download or read book European Preventive Restructuring written by Christoph G. Paulus and published by . This book was released on 2020-09-30 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The European Restructuring Directive

Author : Gerard McCormack
Publisher : Edward Elgar Publishing
ISBN 13 : 1789908817
Total Pages : 319 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis The European Restructuring Directive by : Gerard McCormack

Download or read book The European Restructuring Directive written by Gerard McCormack and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.

European Preventive Restructuring

Author : Christoph G Paulus
Publisher : Beck/Hart/Nomos
ISBN 13 : 9781509938810
Total Pages : 512 pages
Book Rating : 4.9/5 (388 download)

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Book Synopsis European Preventive Restructuring by : Christoph G Paulus

Download or read book European Preventive Restructuring written by Christoph G Paulus and published by Beck/Hart/Nomos. This book was released on 2021-05-20 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Directive (Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2020 on preventive restructuring frameworks, on discharge of debts and disqualification, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt) has to be transposed into national legislation by 26 June 2021. The main features of the Directive are: - the obligatory making available of early warning systems; - the obligatory creation of an insolvency avoidance mechanism; - the determination of certain insolvency related officers' duties; - the uniformisation of discharge rules among member states; and - measures to increase the national insolvency laws' efficiency In this book a team of European-wide recognised, experienced insolvency law experts, some of whom had been involved in the drafting process of the Directive, analyse the Directive. The authors focus not only on the officials tasked in the national surroundings with drafting the national statutes but also on the wider implications which, one way or the other, will be national law. The commentary, thus, serves also the purposes of practitioners and judges in the field of restructuring.

Restructuring and Insolvency in Europe: Policy Options in the Implementation of the EU Directive

Author : Jose M Garrido
Publisher : International Monetary Fund
ISBN 13 : 1513573594
Total Pages : 53 pages
Book Rating : 4.5/5 (135 download)

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Book Synopsis Restructuring and Insolvency in Europe: Policy Options in the Implementation of the EU Directive by : Jose M Garrido

Download or read book Restructuring and Insolvency in Europe: Policy Options in the Implementation of the EU Directive written by Jose M Garrido and published by International Monetary Fund. This book was released on 2021-05-27 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Directive on Restructuring and Insolvency sets minimum standards for restructuring and certain insolvency matters, but its harmonization effect will be limited given multiple options for implementation, likely leading to divergent restructuring models in Europe. These options reveal different policy approaches to the regulation of restructuring and insolvency. The analysis in this paper aims to illustrate the breadth of the policy choices and their consequences for restructuring activity. States should carefully design restructuring procedures to avoid the negative economic effects of certain options that could undermine creditors’ rights or result in unpredictable outcomes, particularly in cross-border cases.

Corporate Recovery in an Integrated Europe

Author : Lynch Fannon, Irene
Publisher : Edward Elgar Publishing
ISBN 13 : 1800887868
Total Pages : 384 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Corporate Recovery in an Integrated Europe by : Lynch Fannon, Irene

Download or read book Corporate Recovery in an Integrated Europe written by Lynch Fannon, Irene and published by Edward Elgar Publishing. This book was released on 2022-05-13 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a comprehensive overview of the changes in policies and economic doctrines of the American economy following the 2008 global financial crisis, this book critically examines the reformation of the corporate landscape. Observing the growth of oligopolistic market tendencies and increased economic concentration, it draws on scholarly literature from economics, management studies and legal theory to provide an integrated perspective on the causes and consequences of the crisis.

Pre-insolvency Proceedings

Author : Nicolaes Tollenaar
Publisher : Oxford University Press, USA
ISBN 13 : 9780198799924
Total Pages : 0 pages
Book Rating : 4.7/5 (999 download)

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Book Synopsis Pre-insolvency Proceedings by : Nicolaes Tollenaar

Download or read book Pre-insolvency Proceedings written by Nicolaes Tollenaar and published by Oxford University Press, USA. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely new work evaluates the law regarding pre-insolvency proceedings, and in particular, the terms of the 2017 EU Directive. Setting the law in context, the book provides a conceptual framework for ideal practice, illustrating the implications of the new regime with specific practicalexamples.The book features a comprehensive discussion of the key principles underlying restructuring proceedings and explains the purpose of, and justification for, pre-insolvency proceedings. It provides answers to a number of important issues that are still undecided and the subject of debate.In particular, the book provides detailed analysis of the system of voting in classes, and it offers an in-depth discussion of the appropriate criteria for confirmation and cram-down together with consideration of the little-understood underlying economic issues. It also includes analysis of the keyaspects of valuation and the applicable valuation standards in the context of restructuring, much needed as the incidence of judicial valuation arises in the context of cram-down.A comparative analysis and critique of UK schemes of arrangement and US Chapter 11 procedure is also included, giving readers a good understanding of the key features of both systems and enabling them to identify and learn from the differences. The author also proposes an outline of idealpre-insolvency proceedings, setting out general and specific requirements for ensuring flexibility, efficiency, and effectiveness.

Implementation of the EU Preventive Restructuring Directive

Author :
Publisher :
ISBN 13 : 9789400113596
Total Pages : 0 pages
Book Rating : 4.1/5 (135 download)

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Book Synopsis Implementation of the EU Preventive Restructuring Directive by :

Download or read book Implementation of the EU Preventive Restructuring Directive written by and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Best Practices in European Restructuring

Author : Lorenzo Stanghellini
Publisher :
ISBN 13 : 9788813370961
Total Pages : pages
Book Rating : 4.3/5 (79 download)

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Book Synopsis Best Practices in European Restructuring by : Lorenzo Stanghellini

Download or read book Best Practices in European Restructuring written by Lorenzo Stanghellini and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Corporate Law

Author : Peter Kindler
Publisher : Nomos/Hart
ISBN 13 : 9781509924066
Total Pages : 1200 pages
Book Rating : 4.9/5 (24 download)

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Book Synopsis Corporate Law by : Peter Kindler

Download or read book Corporate Law written by Peter Kindler and published by Nomos/Hart. This book was released on 2020-08-20 with total page 1200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of the European directives on corporate law is to enable businesses to be set up anywhere in the EU, to provide protection for shareholders and other parties with a particular interest in companies, to make business more efficient and competitive, and to encourage businesses based in different EU countries to co-operate with each other. This new Commentary on Corporate Law provides an in-depth expert analysis of all legal issues concerning the setting up and several other main issues covered by EU corporate law.

HIRES

Author : Thomas Kieselbach
Publisher :
ISBN 13 : 9783866184985
Total Pages : 271 pages
Book Rating : 4.1/5 (849 download)

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Book Synopsis HIRES by : Thomas Kieselbach

Download or read book HIRES written by Thomas Kieselbach and published by . This book was released on 2010 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Restructuring has become a daily practice in both private and public sectors in the EU. But often restructuring processes fail to produce the intended effects of secured or increased organizational profi tability. On the contrary restructuring puts the physical and psychosocial health of all organizational members at risk. To limit the risks of enterprise restructuring effectively, several groups of actors at the individual, enterprise and societal level have to collaborate towards the implementation of healthier change procedures and to create a "social convoy" in occupational transitions for workers affected by dismissal. The European Expert Group HIRES on Health in Restructuring was coordinated by Prof. Dr. Thomas Kieselbach from the University of Bremen and supported by DG Employment of the European Commission. It presented with its report a concise overview of the effects of enterprise restructuring and the social frameworks and change procedures that should be considered for "healthier restructuring". With its policy recommendations and the case studies of innovative approaches on a company and regional level the report addresses policy makers, governmental structures like labour inspectorates or federal institutes, unions, managers, occupational health and safety personnel, shareholders and workers alike. The public reception of the HIRES recommendations on Health in Restructuring was impressive all over Europe and across different institutions, stakeholders and professions. They were conceived before the economic crisis started but the development of the economies increased public awareness for the problems addressed in the HIRES report. It was disseminated on an international level within several scientifi c communities as well. The success of HIRES led to the follow-up project HIRES Plus". -- Publisher.

Corporate Debt Restructuring in Emerging Markets

Author : Richard Marney
Publisher : Springer Nature
ISBN 13 : 3030813061
Total Pages : 422 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Corporate Debt Restructuring in Emerging Markets by : Richard Marney

Download or read book Corporate Debt Restructuring in Emerging Markets written by Richard Marney and published by Springer Nature. This book was released on 2021-09-02 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Insolvency Law and Multinational Groups

Author : Daoning Zhang
Publisher : Routledge
ISBN 13 : 1000497291
Total Pages : 288 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Insolvency Law and Multinational Groups by : Daoning Zhang

Download or read book Insolvency Law and Multinational Groups written by Daoning Zhang and published by Routledge. This book was released on 2019-07-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Fire Upon The Deep

Author : Vernor Vinge
Publisher : Tor Science Fiction
ISBN 13 : 1429981989
Total Pages : 626 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis A Fire Upon The Deep by : Vernor Vinge

Download or read book A Fire Upon The Deep written by Vernor Vinge and published by Tor Science Fiction. This book was released on 2010-04-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now with a new introduction for the Tor Essentials line, A Fire Upon the Deep is sure to bring a new generation of SF fans to Vinge's award-winning works. A Hugo Award-winning Novel! “Vinge is one of the best visionary writers of SF today.”-David Brin Thousands of years in the future, humanity is no longer alone in a universe where a mind's potential is determined by its location in space, from superintelligent entities in the Transcend, to the limited minds of the Unthinking Depths, where only simple creatures, and technology, can function. Nobody knows what strange force partitioned space into these "regions of thought," but when the warring Straumli realm use an ancient Transcendent artifact as a weapon, they unwittingly unleash an awesome power that destroys thousands of worlds and enslaves all natural and artificial intelligence. Fleeing this galactic threat, Ravna crash lands on a strange world with a ship-hold full of cryogenically frozen children, the only survivors from a destroyed space-lab. They are taken captive by the Tines, an alien race with a harsh medieval culture, and used as pawns in a ruthless power struggle. Tor books by Vernor Vinge Zones of Thought Series A Fire Upon The Deep A Deepness In The Sky The Children of The Sky Realtime/Bobble Series The Peace War Marooned in Realtime Other Novels The Witling Tatja Grimm's World Rainbows End Collections Collected Stories of Vernor Vinge True Names At the Publisher's request, this title is being sold without Digital Rights Management Software (DRM) applied.

The Anatomy of Corporate Law

Author : Reinier Kraakman
Publisher : OUP Oxford
ISBN 13 : 0191582778
Total Pages : 578 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Anatomy of Corporate Law by : Reinier Kraakman

Download or read book The Anatomy of Corporate Law written by Reinier Kraakman and published by OUP Oxford. This book was released on 2009-07-23 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the long-awaited second edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively updated to reflect profound changes in corporate law. It now includes consideration of additional matters such as the highly topical issue of enforcement in corporate law, and explores the continued convergence of corporate law across jurisdictions. The authors start from the premise that corporate (or company) law across jurisdictions addresses the same three basic agency problems: (1) the opportunism of managers vis-à-vis shareholders; (2) the opportunism of controlling shareholders vis-à-vis minority shareholders; and (3) the opportunism of shareholders as a class vis-à-vis other corporate constituencies, such as corporate creditors and employees. Every jurisdiction must address these problems in a variety of contexts, framed by the corporation's internal dynamics and its interactions with the product, labor, capital, and takeover markets. The authors' central claim, however, is that corporate (or company) forms are fundamentally similar and that, to a surprising degree, jurisdictions pick from among the same handful of legal strategies to address the three basic agency issues. This book explains in detail how (and why) the principal European jurisdictions, Japan, and the United States sometimes select identical legal strategies to address a given corporate law problem, and sometimes make divergent choices. After an introductory discussion of agency issues and legal strategies, the book addresses the basic governance structure of the corporation, including the powers of the board of directors and the shareholders meeting. It proceeds to creditor protection measures, related-party transactions, and fundamental corporate actions such as mergers and charter amendments. Finally, it concludes with an examination of friendly acquisitions, hostile takeovers, and the regulation of the capital markets.

The European Insolvency Regulation

Author : Miguel Virgos
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041120890
Total Pages : 274 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The European Insolvency Regulation by : Miguel Virgos

Download or read book The European Insolvency Regulation written by Miguel Virgos and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: After many years of negotiations among Member States, a uniform set of private international law rules has been established to determine the conduct of cross-border insolvency proceedings within the European Community. This is the European Insolvency Regulation of May 2000. Although each state still retains its own insolvency law, the regulation greatly reduces the risk of opportunistic behaviour by providing certainty as to which European courts have jurisdiction to open insolvency proceedings and which state?s laws apply, in addition to ensuring the cross-border effectiveness within the EU of the decisions handed down by those courts. This in-depth commentary offers practitioners in international business transactions and litigation a definitive guide to the workings of the Insolvency Regulation. The authors?one of whom co-wrote the official explanatory report on the 1995 Convention on Insolvency Proceedings, a report that still plays a fundamental hermeneutic role?leave no stone unturned in their probing analysis, which explains in detail such elements as the following: relationship with other community legal instruments and international conventions; territorial scope; substantive scope; third-party rights in rem and reservation of title; set-off; contracts relating to immovable property; employment contracts and relationships; payment systems and financial markets; community patents and trademarks; publication and registration; lodgement of claims; and special considerations affecting credit institutions and insurance undertakings. Company lawyers handling insolvency cases and issues will find nothing comparable to this expert work. Its direct practical usefulness is immediately apparent. In addition, however, it stands out as a preeminent work on a critical and hard-won legal instrument (and by extension on the entire field of European insolvency law) and as such is an essential resource for jurists and legal academics.

Corporate Liquidity and Solvency in Europe during COVID-19: The Role of Policies

Author : Mr.Christian H Ebeke
Publisher : International Monetary Fund
ISBN 13 : 1513570919
Total Pages : 48 pages
Book Rating : 4.5/5 (135 download)

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Book Synopsis Corporate Liquidity and Solvency in Europe during COVID-19: The Role of Policies by : Mr.Christian H Ebeke

Download or read book Corporate Liquidity and Solvency in Europe during COVID-19: The Role of Policies written by Mr.Christian H Ebeke and published by International Monetary Fund. This book was released on 2021-03-02 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: The spread of COVID-19, containment measures, and general uncertainty led to a sharp reduction in activity in the first half of 2020. Europe was hit particularly hard—the economic contraction in 2020 is estimated to have been among the largest in the world—with potentially severe repercussions on its nonfinancial corporations. A wave of corporate bankruptcies would generate mass unemployment, and a loss of productive capacity and firm-specific human capital. With many SMEs in Europe relying primarily on the banking sector for external finance, stress in the corporate sector could easily translate into pressures in the banking system (Aiyar et al., forthcoming).