Commencement of Insolvency Proceedings
Commencement of Insolvency Proceedings

Author: Dennis Faber

Publisher: OUP Oxford

Published: 2012-03-29

Total Pages: 1351

ISBN-13: 0191630918

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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.

Orderly and Effective Insolvency Procedures
Orderly and Effective Insolvency Procedures

Author: International Monetary Fund

Publisher: International Monetary Fund

Published: 1999-08-02

Total Pages: 108

ISBN-13: 9781557758200

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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.

Employee Rights in Corporate Insolvency
Employee Rights in Corporate Insolvency

Author: Hamiisi Nsubuga

Publisher: Routledge

Published: 2019-10-08

Total Pages: 200

ISBN-13: 1000731111

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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.

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

Author: International Monetary Fund. Monetary and Capital Markets Department

Publisher: International Monetary Fund

Published: 2009-04-17

Total Pages: 77

ISBN-13: 1498336051

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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.

Rescue of Business in Europe
Rescue of Business in Europe

Author: Gert-Jan Boon

Publisher: Oxford University Press

Published: 2020-01-30

Total Pages: 2088

ISBN-13: 019256112X

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This edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.

Creditor Priority in European Bank Insolvency Law
Creditor Priority in European Bank Insolvency Law

Author: Sjur Swensen Ellingsæter

Publisher: Bloomsbury Publishing

Published: 2023-02-09

Total Pages: 301

ISBN-13: 1509953663

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This book provides the first comprehensive treatment of creditor priority in European bank insolvency law. Following reform in the wake of the global financial crisis, EU law requires that Member States have in place bank-specific insolvency frameworks. Creditor priority-the order in which different creditors bear losses should a bank fail-differs substantially between bank-specific and general insolvency law. The bank-specific creditor priority framework aims to ensure that banks can enter insolvency proceedings without disrupting financial stability. The book provides a systematic and thorough account of the Bank Recovery and Resolution Directive and other EU legislation that governs creditor priority in bank resolution and liquidation proceedings, and their interaction with national law. The framework is analysed from several perspectives, including comparison with creditor priority in English, German and Norwegian general insolvency law. Moreover, the book places the evolution of the framework and its justifications within the broader post-crisis shifts in bank regulation, and critically examines the assumptions that underlie these developments. Finally, the book discusses how this area of law could evolve in the future.

Restructuring Review
Restructuring Review

Author: Christopher Mallon

Publisher: Law Business Research Ltd.

Published: 2017-10-11

Total Pages: 646

ISBN-13: 1912377764

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The Restructuring Review, edited by Christopher Mallon of Skadden, Arps, Slate, Meagher & Flom LLP, seeks to help general counsel, government agencies and private practice lawyers understand the conditions prevailing in the global restructuring market with a view to the coming year, and to highlight some of the more significant legal and commercial developments and trends that are expected to be significant in the future. As tensions in the Middle East, South East Asia and Russia remain unresolved, and the political implications of Brexit and mass immigration continue to be worked out in Europe and beyond, the realisation is dawning on many that a turn in the economic cycle may be approaching and that the severe economic crisis of 2008-9 may not be an isolated event. This book aims to outline the impact of developments like this on the global restructuring market, with in-depth looks at the issue from local experts in 28 jurisdictions. Contributors include: France - Joanna Gumpelson and Philippe Dubois, De Pardieu Brocas Maffei; Hong Kong - Tom Pugh, Mayer Brown JSM; Japan - Nobuaki Kobayashi and Yosuke Kanegae, - Nagashima Ohno & Tsunematsu; Netherlands - Paul Kuipers, Linklaters LLP; Singapore - Kenneth Lim, Allen & Gledhill LLP; Spain - Alberto Nunez-Lagos, Uria Menendez

Doing Business 2016
Doing Business 2016

Author: World Bank

Publisher: World Bank Publications

Published: 2015-10-27

Total Pages: 349

ISBN-13: 1464806683

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Doing Business 2016 is the 13th publication in a series of annual reports comparing business regulation in 189 economies. This year the publication addresses regulations affecting 10 areas of everyday business activity including: •Starting a business •Dealing with construction permits •Getting electricity •Registering property •Getting credit •Protecting minority investors •Paying taxes •Trading across borders •Enforcing contracts •Resolving insolvency Doing Business 2016 updates all indicators as of June 1, 2015, ranks economies on their overall ease of doing business, and analyzes reforms to business regulation †“ identifying which economies are strengthening their business environment the most. This report illustrates how reforms in business regulations are being used to analyze economic outcomes for domestic entrepreneurs and for the wider economy. It is a flagship product produced by the World Bank Group that garners worldwide attention on regulatory barriers to entrepreneurship. More than 60 economies have used the Doing Business indicators to shape reform agendas and monitor improvements on the ground. In addition, the Doing Business data has generated over 2,100 articles in peer-reviewed academic journals since its inception.

Selected National, European and International Provisions from Public and Private Law
Selected National, European and International Provisions from Public and Private Law

Author: Philipp Kiiver

Publisher: Europa Law Publishing

Published: 2010

Total Pages: 944

ISBN-13: 9789089520937

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The Maastricht Law Faculty is known for its outstanding expertise in the field of European and comparative law, and it attaches great importance to comparative legal studies in its teaching. National, European, and international legal provisions, which have proven to be particularly relevant in comparative legal studies, assists students, academics, and practitioners in their comparative law work. This expanded and updated second edition of the Maastricht Collection covers the areas of: constitutional law * administrative law and administrative procedure * criminal justice * European and international human rights law * property law * tort law * national and European contract law * civil procedure * private international law * company law * international business law * international tax law. For each area, a selection of important legal provisions - from France, Germany, the Netherlands, and the UK - is provided. This includes domestic constitutional and statutory provisions, provisions from international treaties, and instruments of the EU. In addition, selected sources from the US are provided. Sources are reproduced in the original English or are rendered as fresh English translations under critical editorship. Unlike many other translations, The Maastricht Collection remains true to the content, style, and syntax of the original texts. This allows the reader to appreciate, not only the substance, but also the authentic form - and the beauty - of foreign legal sources.