Ceril Collection I Improving European Restructuring And Insolvency Law

Author : Bob Wessels
Publisher : Eleven International Publishing
Page : 0 pages
File Size : 42,8 Mb
Release : 2023-04-21
Category : Electronic
ISBN : 9462367035

Get Book

CERIL Collection I: Improving European Restructuring and Insolvency Law by Bob Wessels Pdf

From 2017 up to 2022, the Conference on European Restructuring and Insolvency Law (CERIL) has adopted 12 Reports and Statements which concern salient topics in the area of European restructuring and insolvency law. In those Reports and Statements, CERIL promotes long-term improvements in restructuring and insolvency frameworks across Europe. This book compiles these analyses and recommendations - resulting from extensive dialogues among CERIL Conferees - to the EU legislator, EU Member States' national legislators, policy makers, standard-setting organisations and research centres. About CERIL CERIL is an independent non-profit, non-partisan, selfsupporting organisation of approximately 90 lawyers and other restructuring and insolvency practitioners, law professors, and (insolvency) judges committed to the improvement of restructuring and insolvency laws and practices in Europe, the European Union, and in its Member States.

Author : Conference on European Restructuring and Insolvency Law
Publisher : Unknown
Page : 0 pages
File Size : 49,7 Mb
Release : 2023
Category : Bankruptcy
ISBN : 9462367035

Get Book

CERIL Collection I by Conference on European Restructuring and Insolvency Law Pdf

"From 2017 up to 2022, the Conference on European Restructuring and Insolvency Law (CERIL) has adopted 12 Reports and Statements which concern salient topics in the area of European restructuring and insolvency law. In those Reports and Statements, CERIL promotes long-term improvements in restructuring and insolvency frameworks across Europe. This book compiles these analyses and recommendations - resulting from extensive dialogues among CERIL Conferees - to the EU legislator, EU Member States' national legislators, policy makers, standard-setting organisations and research centres. About CERIL CERIL is an independent non-profit, non-partisan, selfsupporting organisation of approximately 90 lawyers and other restructuring and insolvency practitioners, law professors, and (insolvency) judges committed to the improvement of restructuring and insolvency laws and practices in Europe, the European Union, and in its Member States." -- cover page 4.

Author : Gerard McCormack
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 48,7 Mb
Release : 2021-04-28
Category : Electronic
ISBN : 1789908809

Get Book

The European Restructuring Directive by Gerard McCormack Pdf

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. Key features include: - a unique contextualisation of the Directive, situating it against the backdrop of earlier European initiatives - identification of important parallels with the UK scheme of arrangement and the new UK restructuring plan procedure embodied in the Corporate Insolvency and Governance Act 2020 - a comparison of the Directive with Chapter 11 of the US Bankruptcy Code, the United Nations Commission on International Trade Law legislative guide on insolvency, and the World Bank's Insolvency and Creditor Rights and Doing Business projects. This important new book provides a detailed and practical analysis of the Directive and the implications for its transposition into national laws, making it an essential work for insolvency lawyers and practitioners, as well as EU policy makers. It will also be critical reading for academics and students of law, particularly those interested in commercial, insolvency, corporate and European law.

Author : Omar, Paul J.,Gant, Jennifer L.L.
Publisher : Edward Elgar Publishing
Page : 584 pages
File Size : 50,5 Mb
Release : 2021-08-27
Category : Law
ISBN : 9781786437471

Get Book

Research Handbook on Corporate Restructuring by Omar, Paul J.,Gant, Jennifer L.L. Pdf

This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.

Author : McCormack, Gerard
Publisher : Edward Elgar Publishing
Page : 331 pages
File Size : 46,5 Mb
Release : 2022-09-21
Category : Law
ISBN : 9781800376137

Get Book

EU Insolvency Law by McCormack, Gerard Pdf

This comprehensive book provides a clear analysis of the main features of the European Insolvency Regulation 2015/848, within the context of previous EU initiatives, as well as addressing the contrasting objectives of universalism and territorialism which underpin cross border insolvency law. It measures the EU regulations against the UNCITRAL Model Law on Cross Border Insolvency and compares this with how the Model Law has been implemented elsewhere, such as in the US and the UK.

Author : Remigijus Jokubauskas
Publisher : Taylor & Francis
Page : 196 pages
File Size : 46,7 Mb
Release : 2024-04-30
Category : Law
ISBN : 9781040025260

Get Book

Cross-Border Insolvency Proceedings by Remigijus Jokubauskas Pdf

This book presents an analysis of the effectiveness of European Union cross-border insolvency proceedings. It provides a thorough assessment of the development of cross-border insolvency proceedings established in the Regulation on Insolvency Proceedings ((EU) 2015/848) and how they contribute to the general goals of the EU internal market. Insolvency law has not been subject to a global mandatory harmonization process, with no globally biding legal act. Instead, the landscape of international insolvency law is characterized by a patchwork of national laws that seek to accommodate cross-border insolvencies and soft law agreements. In the EU cross-border insolvency law holds significant importance in ensuring the smooth operation of the internal market. Fostering international investments and legal foreseeability in insolvency proceedings, it upholds the fundamental freedoms within EU law. This book covers the main elements of EU cross-border insolvency law, such as jurisdiction, applicable law, recognition and enforcement of judgments. It also focuses on previously unexplored areas, such as the exercise of creditors' rights in cross-border insolvency cases and the tracing and recovery of assets and discusses the application of the Restructuring and Insolvency Directive ((EU) 2019/1023) in relation to the rescue of viable companies and the discharge of debts for insolvent entrepreneurs. This book will be of interest to students and practitioners of insolvency law, EU law and private international law. It will also be useful for national legislators and EU institutions working on the development of EU insolvency law.

Author : Gilles Cuniberti,Antonio Leandro
Publisher : Edward Elgar Publishing
Page : 769 pages
File Size : 48,6 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781802205213

Get Book

The European Insolvency Regulation and Implementing Legislations by Gilles Cuniberti,Antonio Leandro Pdf

This authoritative Commentary provides an in-depth evaluation of the legislation regulating cross-border insolvency within the European Union. Bringing together a diverse team of legal scholars and practitioners from across the EU Member States, it delivers incisive dissections of the European Insolvency Regulation (EIR) provisions, which define the jurisdiction of the courts of EU Member States in insolvency proceedings as well as the national law that should be applied, and provide for the automatic recognition of other Member State’s judgements along with a regime of coordination between proceedings opened in different Member States.

Author : Miguel Virgos,Miguel Virgós Soriano,Francisco Garcimartin,Francisco J. Garcimartín Alférez
Publisher : Kluwer Law International B.V.
Page : 274 pages
File Size : 43,5 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041120892

Get Book

The European Insolvency Regulation by Miguel Virgos,Miguel Virgós Soriano,Francisco Garcimartin,Francisco J. Garcimartín Alférez Pdf

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.

Author : Bob Wessels,Stephan Madaus,European Law Institute
Publisher : Oxford University Press
Page : 1552 pages
File Size : 46,8 Mb
Release : 2020-01-30
Category : Law
ISBN : 9780192561114

Get Book

Rescue of Business in Europe by Bob Wessels,Stephan Madaus,European Law Institute Pdf

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.

Author : Karl Gratzer,Dieter Stiefel
Publisher : Unknown
Page : 334 pages
File Size : 42,7 Mb
Release : 2008
Category : Bankruptcy
ISBN : 9189315944

Get Book

History of Insolvency and Bankruptcy from an International Perspective by Karl Gratzer,Dieter Stiefel Pdf

Author : Vesna Lazić,Steven Stuij
Publisher : Springer Nature
Page : 134 pages
File Size : 54,5 Mb
Release : 2019-12-12
Category : Law
ISBN : 9789462653634

Get Book

Recasting the Insolvency Regulation by Vesna Lazić,Steven Stuij Pdf

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 : Silvia Colombo
Publisher : Edizioni Nuova Cultura
Page : 358 pages
File Size : 54,8 Mb
Release : 2014-05-27
Category : Political Science
ISBN : 9788868122843

Get Book

Bridging the Gulf: EU-GCC Relations at a Crossroads by Silvia Colombo Pdf

Relations between the European Union (EU) and the Gulf Cooperation Council (GCC) are at a crossroads. After the derailment of the negotiations for the Free Trade Agreement (FTA) in 2008, the cooperation between the two regional blocs has remained low-key in a number of different areas, while the unprecedented changes that have taken place in North Africa and the Middle East, the common neighbourhood of the EU and the GCC, have not led to a renewed, structured cooperation on foreign and security policy issues. This volume addresses the shortcomings and potential of EU-GCC relations by taking stock of their past evolution and by advancing policy recommendations as to how to revamp this strategic cooperation. In this light, it highlights the areas where greater room for manoeuvre exists in order to enhance EU-GCC relations, discusses the instruments available and sheds light on the features of the regional and international context that are likely to significantly influence the new phase in the mutual relation between the two blocs. The book is the result of the research conducted in the framework of the project ‘Sharaka – Enhancing Understanding and Cooperation in EU-GCC Relations’ co-funded by the European Commission.

Author : Council of Europe
Publisher : Council of Europe
Page : 40 pages
File Size : 44,7 Mb
Release : 1990-01-01
Category : Political Science
ISBN : 9287118426

Get Book

Convention Européenne Sur Certains Aspects Internationaux de la Faillite by Council of Europe Pdf

Dated July 1990. - On cover: Istanbul, 5.6.1990. In English & French. - Parallel title: Convention europâenne sur certains aspects internationaux de la faillite

Author : Vanessa Finch
Publisher : Cambridge University Press
Page : 662 pages
File Size : 52,6 Mb
Release : 2002-09-12
Category : Business & Economics
ISBN : 0521626854

Get Book

Corporate Insolvency Law by Vanessa Finch Pdf

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 : International Monetary Fund. Monetary and Capital Markets Department
Publisher : International Monetary Fund
Page : 66 pages
File Size : 44,6 Mb
Release : 2022-07-07
Category : Business & Economics
ISBN : 9798400213564

Get Book

Ireland by International Monetary Fund. Monetary and Capital Markets Department Pdf

Ireland has considerably strengthened financial sector regulation and supervision since the 2016 FSAP, aided by the ECB/SSM, and is working with European and international regulators to strengthen oversight of the large market-based finance (MBF) sector. This strengthening is evidenced by a successful navigation through the challenges of Brexit and the pandemic. Despite global headwinds, Ireland is exiting the pandemic with strong economic growth and a highly capitalized and liquid banking system. The financial system has grown rapidly and in complexity, especially after Brexit, and Ireland has become a European base for large financial groups. The MBF sector has grown to the second largest in Europe, with global interlinkages.