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Author :
Publisher :
ISBN 13 :
Total Pages : 434 pages
Book Rating : 4.:/5 (712 download)
Download or read book Conference written by and published by . This book was released on 2007 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ron Mattocks
Publisher : John Wiley & Sons
ISBN 13 : 0470283025
Total Pages : 239 pages
Book Rating : 4.4/5 (72 download)
Download or read book The Zone of Insolvency written by Ron Mattocks and published by John Wiley & Sons. This book was released on 2008-07-07 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by Ron Mattocks, Zone of Insolvency shines a bright and urgent light on the real issue of creating financial strength across the whole spectrum of nonprofit organizations. This insightful book uniquely shows you how to rise above "business as usual" with workable solutions to launch your organization out of the Zone of Insolvency and into financial viability.
Author : Frederick Tung
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Gap Filling in the Zone of Insolvency written by Frederick Tung and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper was prepared for a symposium - Twilight in the Zone of Insolvency: Fiduciary Duty and the Creditors of Troubled Companies - at the University of Maryland School of Law. Attacks on shareholder primacy have come from numerous quarters, arguing for expansion of the class of beneficiaries of directors' fiduciary duties. Regarding duties to creditors - the focus of this symposium - a long line of cases has recognized that once a firm is insolvent, creditors should be the primary beneficiaries of directors' fiduciary duties. Then in 1991, Chancellor Allen's famous discussion in Credit Lyonnais identified a special vicinity of insolvency. In that special situation when a firm approaches insolvency, Chancellor Allen suggested, creditors should be included with shareholders in the community of interests to whom directors owe fiduciary duties. Of late, even economically oriented scholars - typically defenders of shareholder primacy - have jumped in to argue for a broader class of beneficiaries. These scholars argue that directors should seek to maximize value not just for shareholders, but for all financial claimants of the firm as a group, and even performance creditors - those owed some contractual performance by the firm. In this Article, I suggest that at least for commercial creditors, fiduciary duties that include such creditors are unnecessary and may be counterproductive. Much of my discussion focuses on bank lending to large companies. Bank creditors' relative sophistication and the nature of their contractual relations with their borrower firms suggest that ex post judicial gap filling should be rare. Bank loans are typically renegotiated well before the borrower firm reaches insolvency, leaving no contract gaps for courts to fill. Other discussion applies to commercial creditors more generally. In particular, the standard justification for including creditors as beneficiaries of directors' fiduciary duties - the fear of excessive risk taking, or overinvestment, by managers of distressed firms - seems a rather weak rationale.
Author : Stephen A. Radin
Publisher :
ISBN 13 : 9781454832928
Total Pages : 0 pages
Book Rating : 4.8/5 (329 download)
Download or read book The Business Judgment Rule written by Stephen A. Radin and published by . This book was released on 2013-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new recently updated Sixth Edition of The Business Judgment Rule: Fiduciary Duties of Corporate Directors explores the latest developments in the law in Delaware and all other jurisdictions that have addressed business judgment rule and related corporate governance issues, as well as the most recent cases exploring the breadth and limits of the business judgment rule. Meticulously researched and expertly analyzed by Stephen A. Radin, partner at Weil, Gotshal & Manges, LLP, and one of the most respected and experienced practitioners in the field, The Business Judgment Rule: Fiduciary Duties of Corporate Directors provides the timely authoritative guidance you need. The author seamlessly combines cases, statutory provisions and commentary to help you make sense of the constantly changing body of law, even as the courts struggle to adapt the rule in new contexts. The Business Judgment Rule, Sixth Edition spotlights such vital areas as-- duty of care issues duty of loyalty issues disinterestedness and independence issues the emerging good faith doctrine oversight and the Caremark doctrine compensation stock option backdating controlling shareholder transactions special committees disclosure obligations appraisal financially troubled companies and the zone of insolvency defensive measures deal protection measures shareholder derivative litigation the pre-litigation demand requirement Section 220 demands indemnification of directors and officers The Business Judgment Rule: Fiduciary Duties of Corporate Directors, Sixth Edition is a powerful legal tool. It's the most complete, most current, most practical guide in the corporate governance arena available to working professionals today.
Author : John William Butler
Publisher : Beard Books
ISBN 13 : 1905773080
Total Pages : 350 pages
Book Rating : 4.9/5 (57 download)
Download or read book Navigating Today's Environment: The Directors' and Officers' Guide to Restructuring written by John William Butler and published by Beard Books. This book was released on 2010-08 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compendium of forty five articles on the restructuring process intended as a guide for corporate directors and officers.
Author :
Publisher :
ISBN 13 :
Total Pages : 244 pages
Book Rating : 4.:/5 (2 download)
Download or read book In Harm's Way written by and published by . This book was released on 2005 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Germany
Publisher : Springer
ISBN 13 :
Total Pages : 332 pages
Book Rating : 4.:/5 (44 download)
Download or read book Aktiengesetz written by Germany and published by Springer. This book was released on 1996-07-03 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains an English translation of the German Stock Corporation Law. The English and German texts are synoptically arranged. The introduction provides a concise overview of the main elements of the law and facilitates an understanding of the complex statutory provisions for the English-speaking reader. The main characteristics of both types of stock corporations in Germany, the AG and the KGaA, are described and explained. Several legal aspects of stock corporations, such as their formation and management, shareholders, minority rights, capital, integration, and mergers are covered in this book. The index is also arranged in bi-lingual form. This book reflects the prevailing state of legislation and will prove valuable to foreign lawyers and business people dealing with stock corporations.
Author :
Publisher :
ISBN 13 : 9789210557160
Total Pages : 0 pages
Book Rating : 4.5/5 (571 download)
Download or read book Uncitral Legislative Guide on Insolvency Law written by and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to part three -- General features of enterprise groups -- Addressing the insolvency of enterprise groups: Domestic issues -- Addressing the insolvency of enterprise groups: International issues -- Decision of the United Nations commission on international trade law on part three and general assembly resolution 65/24
Download or read book Schacht V. Brown written by and published by . This book was released on 1983 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : World Bank
Publisher : World Bank Publications
ISBN 13 : 1464814414
Total Pages : 241 pages
Book Rating : 4.4/5 (648 download)
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.
Author : Thomas H. Jackson
Publisher : Beard Books
ISBN 13 : 9781587981142
Total Pages : 304 pages
Book Rating : 4.9/5 (811 download)
Download or read book The Logic and Limits of Bankruptcy Law written by Thomas H. Jackson and published by Beard Books. This book was released on 2001 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A careful analysis of the fundamentals of bankruptcy law.
Author : Evan J. Criddle
Publisher : Oxford University Press
ISBN 13 : 0190634111
Total Pages : 912 pages
Book Rating : 4.1/5 (96 download)
Download or read book The Oxford Handbook of Fiduciary Law written by Evan J. Criddle and published by Oxford University Press. This book was released on 2019-04-29 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
Author : Ronald Davis
Publisher : Oxford University Press, USA
ISBN 13 : 9780198799931
Total Pages : 226 pages
Book Rating : 4.7/5 (999 download)
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.
Author : Vesna Lazić
Publisher : Springer Nature
ISBN 13 : 9462653631
Total Pages : 134 pages
Book Rating : 4.4/5 (626 download)
Download or read book Recasting the Insolvency Regulation written by Vesna Lazić and published by Springer Nature. This book was released on 2019-12-12 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises contributions relating to the Insolvency Regulation Recast,which recently entered into force. The authors analyse the changes introduced andgive their views on the improvements that are thereby achieved. In other words, theyassess to what extent the amendments have mitigated the disadvantages of the previousInsolvency Regulation. Three of the chapters concentrate on the issues pertaining to jurisdiction, such asthe problem of forum shopping by re-locating the debtor’s centre of main interests.Furthermore, the extent to which the parties have the freedom to contract withinthe framework of the Insolvency Regulation Recast is discussed. Also, the relevanceand consequences of recent developments in corporate law for the current crossborderinsolvency framework, as well as the jurisdictional issues concerning approvalrequirements are amongst the matters addressed. Aside from the jurisdictional matters,the question of the law applicable to so-called ‘avoidance actions’ is analysed and crossbordercooperation between national authorities in the field of insolvency is touchedupon. To conclude, this book covers a range of specific and intriguing topics broughtup by the Insolvency Regulations Recast. This third volume in the Short Studies in Private International Law Series is primarilyaimed at legal academics dealing with cross-border insolvency, but it will also proveuseful to insolvency judges and practitioners, as well as those specialised in financialand fiscal law. Finally, advanced students as well as those with a general interest ininsolvency law will also find it of added value./div Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute and Associate Professorof Private Law at Utrecht University in The Netherlands. Steven Stuij is an expert inprivate international law and PhD Candidate at the Erasmus School of Law, Rotterdam./div
Author : Philip R. Wood
Publisher : Sweet & Maxwell
ISBN 13 : 1847032109
Total Pages : 1111 pages
Book Rating : 4.8/5 (47 download)
Download or read book Principles of International Insolvency written by Philip R. Wood and published by Sweet & Maxwell. This book was released on 2007 with total page 1111 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title covers the essentials of international insolvency with a very practical slant, providing the reader with a comparative overview of insolvency law and practice in the key jurisdictions of the world. The intention is to illustrate how the concepts and analyses raised throughout "The Law and Practice of International Finance" series may be applied in a real world setting
Author : Vanessa Finch
Publisher : Cambridge University Press
ISBN 13 : 9780521626859
Total Pages : 662 pages
Book Rating : 4.6/5 (268 download)
Download or read book Corporate Insolvency Law written by Vanessa Finch and published by Cambridge University Press. This book was released on 2002-09-12 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Stuart C. Gilson
Publisher : John Wiley & Sons
ISBN 13 : 0470503521
Total Pages : 852 pages
Book Rating : 4.4/5 (75 download)
Download or read book Creating Value Through Corporate Restructuring written by Stuart C. Gilson and published by John Wiley & Sons. This book was released on 2010-04-05 with total page 852 pages. Available in PDF, EPUB and Kindle. Book excerpt: An updated look at how corporate restructuring really works Stuart Gilson is one of the leading corporate restructuring experts in the United States, teaching thousands of students and consulting with numerous companies. Now, in the second edition of this bestselling book, Gilson returns to present new insight into corporate restructuring. Through real-world case studies that involve some of the most prominent restructurings of the last ten years, and highlighting the increased role of hedge funds in distressed investing, you'll develop a better sense of the restructuring process and how it can truly create value. In addition to "classic" buyout and structuring case studies, this second edition includes coverage of Delphi, General Motors, the Finova Group and Warren Buffett, Kmart and Sears, Adelphia Communications, Seagate Technology, Dupont-Conoco, and even the Eurotunnel debt restructuring. Covers corporate bankruptcy reorganization, debt workouts, "vulture" investing, equity spin-offs, asset divestitures, and much more Addresses the effect of employee layoffs and corporate downsizing Examines how companies allocate value and when a corporation should "pull the trigger" From hedge funds to financial fraud to subprime busts, this second edition offers a rare look at some of the most innovative and controversial restructurings ever.
