Download or read book Avoidance of Antecedent Transactions and Cross border Insolvency written by and published by . This book was released on 2014 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Conflict of Laws in Insolvency Transaction Avoidance written by Look Chan Ho and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proliferation of rules aimed at the management of cross-border insolvencies has not been coupled with sufficient attention to the choice of law rules relating to the avoidance of antecedent transactions as legal acts detrimental to all the creditors. This article is the first of its kind in considering the current state of play under English choice of law rules in insolvency transaction avoidance and proposes the path forward. The proposals seek to reorient the jurisprudence on extraterritorial application of domestic statutes, reflect the philosophical underpinnings of universalism and draw on the US conflicts experience.
Download or read book Cross Border Insolvency written by Neil Hannan and published by Springer. This book was released on 2017-08-21 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the effect of the adoption of the United Nations Committee on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency in five common law jurisdictions, namely Australia, Canada, New Zealand, the United Kingdom, and the United States of America. It examines how each of those states has adopted, interpreted and applied the provisions of the Model Law, and highlights the effects of inconsistencies by examining jurisprudence in each of these countries, specifically how the Model Law affects existing principles of recognition of insolvency proceedings. The book examines how the UNCITRAL Guide to enactment of the Model Law has affected the interpretation of each of its articles and, in turn, the courts’ ability to interpret and hence give effect to the purposes of the Model Law. It also considers the ability of courts to refer to amendments made to the Guide after enactment of the Model Law in a state, thereby questioning whether the current inconsistencies in interpretation can be overcome by UNCITRAL amending the Guide.
Download or read book Transaction Avoidance in Insolvencies written by Rebecca Parry and published by Oxford University Press, USA. This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws enabling the avoidance of transactions are an important and complex part of insolvency legislation. This book is the first to be solely devoted to this topic, enabling these powers to be examined in greater depth than has previously been possible. The book analyses these provisions, andrelated rules of common law and equity, in the context of both corporate and personal insolvency law.A wide range of practical issues are considered, including the link between transaction avoidance and director disqualification proceedings; the funding of the avoidance action; and evidence gathering. The extent to which other remedies, such as an action for misfeasance, can be pursued in additionto, or as an alternative, to proceedings under the transaction avoidance provisions is examined in detailIn the area of bankruptcy law particular attention is paid to pensions, the family home and divorce proceedings.The complicated issue of cross border transaction avoidance is considered in detail.The book also contains some important new arguments relating to the issue of entitlements to any sums recovered as a result of an avoidance action, setting out the existing law, as established in Re Yagerphone but arguing that this case does not sit easily with the provisions of the Insolvency Act1986.
Download or read book Advanced Introduction to Cross Border Insolvency Law written by Reinhard Bork and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Advanced Introduction to Cross-Border Insolvency Law provides a clear and concise overview of cross-border insolvency law with particular focus on the rules that govern insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them.
Download or read book Cross border Insolvency National and Comparative Studies Reports Delivered at the XIII International Congress of Comparative Law Montreal 1990 written by Ian F. Fletcher and published by Mohr Siebeck. This book was released on 1992 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports primarily in English, some in French or Spanish.
Download or read book Avoidance of Antecedent Transactions in English Corporate Insolvency Law written by Reza Tajarloo and published by . This book was released on 2005 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cross Border Protocols in Insolvencies of Multinational Enterprise Groups written by Ilya Kokorin and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border insolvency protocols play a critical role in facilitating the efficient resolution of complex international corporate insolvencies. This book constitutes the first in-depth study of the use of insolvency protocols, enriching existing knowledge about them and serving as a comprehensive introduction to their application in the context of multinational enterprise group insolvency. It traces the rise of insolvency protocols and discusses their legal basis, contents, effects, major characteristics and limitations.
Download or read book Cross border Insolvency written by Philip St. J. Smart and published by Lexis Law Publishing (Va). This book was released on 1998 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: With recent high profile cases such as Maxwell, Barings and BCCI highlighting the fact that insolvency increasingly extends across national borders, practitioners in this area need specialist guidance on the particular problems which apply in cross-border insolvency.The second edition of this acclaimed book has been extensively revised to provide a practical analysis of the impact of new developments in cross-border insolvency law. Fully updated and expanded, this unique guide looks at recent case law as well as statutory developments, most notably the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997.With illustrations at the end of each chapter showing how to avoid practical problems, this thoroughly researched text gives insight into the impact and potential difficulties of the law, enabling the practitioner to anticipate problems before they arise.
Download or read book The Next Step on Cross border Insolvency written by Akira Orita and published by . This book was released on 2002 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Related Party Transactions in Insolvency written by Kristin van Zwieten and published by . This book was released on 2018 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transaction avoidance rules are widely considered to be an important tool for the regulation of related party transactions in insolvency. Existing 'best practice' guidance on the design of insolvency laws assumes that such avoidance rules are best operationalised within collective insolvency procedures. But in many jurisdictions the commencement of collective insolvency proceedings is value destructive; so much so that creditors may prefer to see firms fail outside such proceedings, even if this means foregoing opportunities to use the avoidance tools available within them. This suggests that avoidance tools may be most powerful when available outside insolvency proceedings as well as within them. Many jurisdictions do have some such form of avoidance action, often described as the 'actio Pauliana outside bankruptcy', on their statute books. But these forms of action have been neglected in the literature on the control of related party transactions in insolvency, and, perhaps as a consequence, have not benefited from international initiatives to improve the operation of domestic insolvency rules in cross-border cases in the same way that transaction avoidance actions brought in connection with collective insolvency proceedings have benefited. The chapter begins by evaluating the case for approaching transaction avoidance within insolvency proceedings, before turning to consider aspects of the design of the 'actio Pauliana outside bankruptcy', including measures to improve its efficacy in cross-border cases.
Download or read book Law and Practice of Corporate Insolvency in Malaysia written by Rabindra S. Nathan and published by . This book was released on 2019 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Download or read book Legislative Guide on Insolvency Law written by United Nations Commission on International Trade Law and published by United Nations Publications. This book was released on 2005 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication seeks to assist the establishment of a legal framework for an efficient and effective national corporate insolvency regime which strikes a balance between the financial difficulties of debtors and the interests of creditors and other relevant parties, as well as addressing public policy concerns. The text of this draft legislative guide was adopted by UNCITRAL in June 2004 and approved by UN General Assembly resolution 59/40 in December 2004.
Download or read book Reinventing Insolvency Law in Emerging Economies written by Aurelio Gurrea-Martínez and published by Cambridge University Press. This book was released on 2024-05-31 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how and why insolvency law in emerging economies needs to be reinvented. It starts by examining the importance of insolvency law for the promotion of economic growth as well as the similarities and divergences in the design of insolvency law around the world. The central thesis of the book is that insolvency law in emerging economies fails to serve as a catalyst for growth. It is argued that this failure is mainly due to the design of an insolvency legislation that is not tailored to the market and institutional environment generally existing in emerging economies. The book also provides a critical analysis of the design of insolvency law in many advanced economies where the insolvency system has proven to be unattractive for debtors, creditors or both. Therefore, in addition to suggesting a new insolvency framework for emerging economies, this book ultimately invites readers to rethink insolvency law.
Download or read book Equity and Administration written by P. G. Turner and published by Cambridge University Press. This book was released on 2016-05-26 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.
Download or read book Rescue of Business in Europe written by Bob Wessels and published by Oxford University Press. This book was released on 2020-01-30 with total page 1552 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
