Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Creditor Protection In Private Companies
Download Creditor Protection In Private Companies full books in PDF, epub, and Kindle. Read online Creditor Protection In Private Companies ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis Creditor Protection in Private Companies by : Thomas Bachner
Download or read book Creditor Protection in Private Companies written by Thomas Bachner and published by . This book was released on 2009 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigates mechanisms in English and German law that protect creditors against the abuse of limited liability by directors and shareholders.
Book Synopsis Creditor Protection in Private Equity-Backed Leveraged Buyout and Recapitalisation Practices by : Hasan Erdem ?i?mangil
Download or read book Creditor Protection in Private Equity-Backed Leveraged Buyout and Recapitalisation Practices written by Hasan Erdem ?i?mangil and published by BWV Verlag. This book was released on 2014-11-17 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private equity-backed leveraged buyout (LBO) and leveraged recapitalisation practices have been on the rise since the early 1970s when the LBO model was first invented. They continue to play a major role for investors for their less transparent and less bureaucratic investment models outside of capital markets, where financial regulations become tighter following the financial crisis of 2008 affecting global capital markets in a chain reaction. Private equity-backed LBOs and leveraged recapitalisations continue to be popular investment models, however they carry risks both at the target company level and on a macroeconomic level due to the interconnectedness of these investments with global capital markets for funding and refinancing of acquisition finance debts. Creditor protection mechanisms of company and insolvency law therefore play a central role in preventing or dealing with failures that may be triggered at the target company level and have detrimental effects for all creditors and the economy. Though the European legal capital system must be critically revisited, England's and Germany's already mature markets and legal systems should help in developing a better interpretation of these rules in developing economies like Turkey, consequently establishing a solid base for this investment practice in these economies.
Book Synopsis The Law and Economics of Creditor Protection by : Horst Eidenmüller
Download or read book The Law and Economics of Creditor Protection written by Horst Eidenmüller and published by T.M.C. Asser Press. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents important contributions to the current debate on creditor protection in European company law. Reform of the European rules on creditor protection in company law is imminent. Academic work on both sides of the Atlantic shows a tendency that traditional mandatory rules should give way to individual solutions which are freely negotiated between creditors and corporate debtors. Recent judgments by the European Court of Justice have spurred regulatory competition between Member States and the incumbent system is being challenged by the Europe-wide introduction of the International Accounting Standards/International Financial Reporting Standards. Last but not least, the European Insolvency Regulation poses the question how company law and insolvency law shall be realigned in the future. Contributors to this book, which is based on the results of a symposium held in Munich in December 2005, include scholars who are currently working on reform projects in various Member States, leading experts in company law, insolvency law, accounting law, and economics. The manifold thoughts presented by these outstanding authors provide the reader with important insights and will not fail to inform and influence the current policy debate. As such, the book is an indispensable tool for all players in the field. Prof. Dr. Horst Eidenmüller is Professor of Private Law, German, European and International Company Law and Director of the Institute for International Law, Ludwig Maximilian University, Munich, Germany.Prof. Dr. Wolfgang Schön is Director of the Max Planck Institute for Intellectual Property, Competition and Tax Law, Department of Accounting and Taxation, in Munich and Honorary Professor at the Ludwig Maximilian University, Munich, Germany.
Book Synopsis Creditor Protection in Private Companies by : Thomas Bachner
Download or read book Creditor Protection in Private Companies written by Thomas Bachner and published by Cambridge University Press. This book was released on 2009-04-16 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigates mechanisms in English and German law that protect creditors against the abuse of limited liability by directors and shareholders.
Book Synopsis Belgian and European Perspectives on Creditor Protection in Closed Companies by : Diederik Bruloot
Download or read book Belgian and European Perspectives on Creditor Protection in Closed Companies written by Diederik Bruloot and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the papers presented during a workshop at Ghent University's Financial Law Institute. The aim of the workshop was to confront the new Belgian framework on creditor protection in closed companies with foreign experiences and insights from recent legal and empirical research. The book deals with questions of creditor protection throughout the lifespan of companies: from the time of their formation, over the different kinds of distributions, to their winding-up. Some contributions focus on more topical issues of creditor protection like the subordination of shareholder loans or the foreclosure of security interests. The book contributes to the continuing debate on the optimal legal strategy regarding creditor protection. Furthermore, it provides valuable insights on the background and foundations of the remarkable approach towards creditor protection in closed companies in the new 2019 Belgian Companies Act. Contributions by Diederik Bruloot and Evariest Callens, Isabelle Corbisier, Hans De Wulf, Miguel Gimeno Ribes, Frederic Helsen, Simon Landuyt, Christoph Van der Elst and Jasper Van Eetvelde.
Book Synopsis Creditor Treatment in Corporate Insolvency Law by : Kayode Akintola
Download or read book Creditor Treatment in Corporate Insolvency Law written by Kayode Akintola and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Concise Textbook on Legal Capital by : Bayless Manning
Download or read book A Concise Textbook on Legal Capital written by Bayless Manning and published by . This book was released on 1981 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Company Directors' Liability and Creditor Protection by : Andrew Keay
Download or read book Company Directors' Liability and Creditor Protection written by Andrew Keay and published by Taylor & Francis. This book was released on 2023-06-23 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an analytical exposition of the law concerning directors’ liability for the losses sustained by their companies’ creditors, when the directors’ companies are in financial distress or become insolvent. It is a detailed one-stop resource for obtaining a good understanding of the law which has developed from legislation and case law. In particular, there is a detailed consideration of what needs to be proved, what defences there are, and what might be the issues of concern for all parties. A doctrinal method is adopted and there is extensive analysis of the relevant legislation and case law. Rather than merely referring to cases to support propositions, the discussion considers many of the cases in context and in depth and their relevance to the aim of the book. The book also endeavours to provide views, in a practical way, on aspects of the law and it identifies problems and how they may be addressed. Of interest to legal practitioners and insolvency practitioners alike, in addition the book will be useful to directors, government officials and academics.
Book Synopsis Covenants and Third-Party Creditors by : Daniela Matri
Download or read book Covenants and Third-Party Creditors written by Daniela Matri and published by Springer. This book was released on 2017-10-17 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adds to the debate on the effects of covenants on third-party creditors (externalities), which have recently become a focus of discussion in the contexts of bankruptcy law, corporate law and corporate governance. The general thrust of the debate is that negative effects on third-party creditors predominate because banks act in their own self-interest. After systematising the debated potential positive and negative externalities of covenants, the book empirically examines these externalities: It investigates the banks’ factual conduct and its effects on third-party creditors in Germany and the US. The study’s most significant outcome is that it disproves the assumption that banks disregard third-party creditors’ interests. These findings are then interpreted with the tools of economic analysis; particularly, with the concept of common pool resources (CPRs). Around the aggregated value of the debtor company’s asset pool (as CPR) exists an n-person prisoner’s dilemma between banks and third-party creditors: No creditor knows when and under what conditions the other creditor will appropriate funds from the debtor company’s asset pool. This coordination problem is traditionally addressed by means of bankruptcy law and collaterals. However, the incentive structure that surrounds the bilateral private governance system created by covenants and an event of default clause (a CPR private governance system) is found to also be capable of tackling this problem. Moreover, the interaction between the different regulation spheres – bankruptcy law, collateral and the CPR private governance system − has important implications for both the aforementioned discussions as well as the legal treatment of covenants and event of default clauses. Covenants alone cannot be seen as an alternative to institutional regulation; the complete CPR private governance system and its interaction with institutional regulation must also be taken into consideration. In addition, their function must first find more acceptance and respect in the legal treatment of covenants and event of default clauses: The CPR private governance system fills a gap in the regulation of the tragedy of the commons by bankruptcy law and collateral. This has particularly important implications for the German § 138 BGB, § 826 BGB and ad hoc duties to disclose insider information.
Author :International Monetary Fund Publisher :International Monetary Fund ISBN 13 :9781557758200 Total Pages :108 pages Book Rating :4.7/5 (582 download)
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.
Book Synopsis The European Private Company - Societas Privata Europaea (SPE) by : Heribert Hirte
Download or read book The European Private Company - Societas Privata Europaea (SPE) written by Heribert Hirte and published by Walter de Gruyter. This book was released on 2012-12-19 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mit der Societas Privata Europaea (SPE) wird eine europäische Rechtsform eingeführt, auf die der exportorientierte Mittelstand seit vielen Jahren wartet. Die SPE kann schnell und kostengünstig für die Neugründung einer Auslandsaktivität eingesetzt werden oder durch Formwechsel aus einer nationalen Gesellschaft entstehen. Sie erlaubt außerdem die Bildung eines Netzes von ausländischen Vertriebs- und Servicegesellschaften in einer europaweit einheitlich anerkannten Rechtsform. Rechtsberater und Rechtswissenschaftler müssen für die Betrachtung der rechtlichen Einzelfragen in der SPE eine europäische Perspektive einnehmen. In dem ECFR-Sonderheft beleuchtet daher ein internationales Autorenteam die praktisch wichtigen Grundfragen der neuen Rechtsform aus wissenschaftlich vertiefter Perspektive: Gründung und Registerverfahren, anwendbares Recht, praktische Einsatzmöglichkeiten der SPE, Gläubigerschutz, innere Ordnung, Geschäftsleiterpflichten, Schutz von Minderheitengesellschaftern, Anfechtungsklagen gegen Gesellschafterbeschlüsse, Mitbestimmung der Arbeitnehmer, Steuerrecht. Die Autoren aus Dänemark, Deutschland, England, den Niederlanden, Polen und Spanien sind langjährige Spezialisten auf ihrem Gebiet und sowohl wissenschaftlich als auch praktisch ausgewiesen.
Book Synopsis Domestic Asset Protection Trusts by : Richard W. Nenno
Download or read book Domestic Asset Protection Trusts written by Richard W. Nenno and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: ... discusses various aspects of the domestic asset protection trust (APT), including the reasons for and against recognizing such trusts, the benefits of such trusts, and the potential attributes of the Delaware, Alaska, Nevada, and South Dakota APT statues.
Book Synopsis United States Code by : United States
Download or read book United States Code written by United States and published by . This book was released on 1971 with total page 1464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Asset Protection written by Jay Adkisson and published by McGraw Hill Professional. This book was released on 2004-07-02 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strategies that are effective and legal for putting one’s assets safely out of reach In today’s increasingly litigious world, the shielding of assets has become a prominent issue for financial planners, business owners, and high-net-worth individuals. Asset Protection details methods that are both legally and morally legitimate for protecting one’s assets from creditors, lawsuits, and scams. Bringing economic common sense and legitimacy to an area that is drowning in gimmickry, two of today’s top lawyers examine the fundamental issues in this growing area, avoiding dense legalese to make the book accessible to anyone. Asset Protection covers everything readers want to know about: Establishing an effective asset protection program Today’s most popular, established strategies Newer strategies that are still being resolved by the courts
Book Synopsis Law and Creditor Protection in Nigeria by : Onamson, Friday Okafor
Download or read book Law and Creditor Protection in Nigeria written by Onamson, Friday Okafor and published by Malthouse Press. This book was released on 2017-08-08 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examined here are the legal and practical reasons for the inefficiency of the legal framework of creditor protection in Nigeria. This is amply justified considering the critical role of credit in the promotion of economic growth and development and also bearing in mind the near calamitous consequences the 2009 financial crisis unleashed not only among Nigerian banks and financial institutions, and in the international financial system. The latter nearly led to socioeconomic catastrophe in Nigeria, as well as globally. It is hoped that book is found useful by government, policy makers, academics, corporate financial experts, investment bankers and other stakeholders to initiate and implement efficient policy actions to protect creditors in order to sustain the flow of credit, the engine of any economy.
Book Synopsis Doing Business in 2004 by : Simeon Djankov
Download or read book Doing Business in 2004 written by Simeon Djankov and published by World Bank Publications. This book was released on 2004 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: A co-publication of the World Bank, International Finance Corporation and Oxford University Press
Book Synopsis Company Directors' Responsibilities to Creditors by : Andrew Keay
Download or read book Company Directors' Responsibilities to Creditors written by Andrew Keay and published by Routledge. This book was released on 2007-03-12 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and addresses the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for the before mentioned. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested. Company directors have certain responsibilities to creditors of their companies. In particular, they should avoid fraudulent and wrongful trading and consider, as part of their duties, the interests of creditors when their companies might be, or are, in financial difficulty. The work is precipitated by the lack of coherence in the consideration of wrongful trading and the recent delivery of important cases on fraudulent trading. Also, this timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and seeks to address the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for wrongful trading and failing to consider the interests of creditors. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared, and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested.
