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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.
Jose M Garrido,Ms. Chanda M DeLong,Amira Rasekh,Anjum Rosha
Author : Jose M Garrido,Ms. Chanda M DeLong,Amira Rasekh,Anjum Rosha Publisher : International Monetary Fund Page : 53 pages File Size : 43,8 Mb Release : 2021-05-27 Category : Business & Economics ISBN : 9781513573595
Restructuring and Insolvency in Europe: Policy Options in the Implementation of the EU Directive by Jose M Garrido,Ms. Chanda M DeLong,Amira Rasekh,Anjum Rosha Pdf
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.
Author : Harold Koster,J. M. G. J. Boon,R. D. Vriesendorp Publisher : Unknown Page : 0 pages File Size : 54,6 Mb Release : 2024-02-26 Category : Law ISBN : 9047301862
Implementation of the EU Preventive Restructuring Directive by Harold Koster,J. M. G. J. Boon,R. D. Vriesendorp Pdf
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 by Christoph G Paulus,Reinhard Dammann,Tom Braegelmann Pdf
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.
Corporate Recovery in an Integrated Europe by Lynch Fannon, Irene,Gant, Jennifer L.L.,Finnerty, Aoife Pdf
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.
Restructuring in the New EU Member States by Marie-Ange Moreau,María Esther Blas-López Pdf
This book presents a series of extremely stimulating analyses of the process of corporate restructuring in the new Member States of the EU. Particularly noteworthy is the book's focus on the Central and Eastern European Countries (CEECs) that have joined the EU since 2004, an area which has not been prominent in the research on corporate restructuring conducted in Western Europe in the last twenty years. As with their Asian counterparts, these States have generally been perceived as a threat to employment in Western Europe due to the former's benefiting from outsourcing away from the latter. By moving east, the book allows for a different perspective on the restructuring process, by placing it in the context of both Europe and the numerous changes affecting the CEECs. The book seeks to understand the impact of European- and national-level policies on the concept of restructuring, the role of the «acquis communautaire», and the place of social and political actors in the process of change in the context of new Member States, where multinational firms have developed mobility and establishment strategies within the context of broader European and global ones. The density of this collection, its wealth in terms of substantive teachings, and its use of a comparative and multidisciplinary approach that links law, political science, sociology and economics make it an essential resource for those wishing to understand restructuring in the European space after the enlargements of 2004 and 2007 and the impact of European policies and the European Social Model.
Chair of Civil Procedure Law Reinhard Bork,Reinhard Bork,Clifford Chance Associate Professor of Law and Finance Kristin Van Zwieten,Kristin van Zwieten
Author : Chair of Civil Procedure Law Reinhard Bork,Reinhard Bork,Clifford Chance Associate Professor of Law and Finance Kristin Van Zwieten,Kristin van Zwieten Publisher : Oxford University Press, USA Page : 1040 pages File Size : 53,5 Mb Release : 2022-02-03 Category : Electronic ISBN : 0198852118
Commentary on the European Insolvency Regulation by Chair of Civil Procedure Law Reinhard Bork,Reinhard Bork,Clifford Chance Associate Professor of Law and Finance Kristin Van Zwieten,Kristin van Zwieten Pdf
This second edition of the leading commentary on the European Insolvency Regulation reflects the impact of Brexit and the European Restructuring Directive. It continues to be a vital reference work for all those researching and advising European insolvency law.
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 : Bob Wessels,Stephan Madaus,European Law Institute Publisher : Oxford University Press Page : 1552 pages File Size : 46,5 Mb Release : 2020-01-30 Category : Law ISBN : 9780192561114
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.
This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses the practicalities of EU harmonization of cross-border mergers, linking it to corporate restructuring in general, while also taking the transposition of the directive into account. Exploring specific angles of the Cross-border Mergers Directive in the light of European and national company law, the book is divided into three sections: the first section focuses on EU and comparative aspects of the Cross-border Mergers Directive, while the second examines the interaction of the directive with other areas of law (capital markets law, competition law, employment law, tax law, civil procedure). Lastly, the third section describes the various member states’ experiences of implementing the Cross-border Mergers Directive.
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.
Takeovers and the European Legal Framework by Jonathan Mukwiri Pdf
Since the implementation of the European Directive on Takeover Bids, a European common legal framework governs regulation of takeovers in EU Members States. This book studies the European Community Directive on Takeover Bids, first from a British perspective, but also considers the Directive in relation to the EU.
