Download or read book Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy written by Kashyap, Amit and published by IGI Global. This book was released on 2018-09-28 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the increasing interdependence of global economies, international relations are becoming a more complex system. Through this, the growth of any economy is dependent upon the ease of business transactions; however, in recent times, there has been a growing impact of corporate insolvency law. Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy is an essential reference source that discusses the importance of insolvency laws in the financial architecture of emerging economies, as well as its fundamental issues. Featuring research on topics such as business restructuring, debt recovery, and governance regulations, this book is ideally designed for law students, policymakers, economists, lawyers, and business researchers seeking coverage on the jurisprudence and policy of corporate insolvency law in a globalized context.
Download or read book International Insolvency Law written by Professor Paul Omar and published by Ashgate Publishing, Ltd.. This book was released on 2013-12-28 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: International insolvencies are a common feature worldwide in business and finance sectors and the scale and frequency of such occurrences have caught the attention of many academics and commentators. Following on from the 2008 book, International Insolvency Law: Themes and Perspectives, this book presents up-to-date accounts of themes in the field of insolvency law. It deals with reforms in and challenges to the subject in relation to its comparative and international aspect. The cutting edge contributions include chapters from common law, civil and mixed traditions and have been conceived to increase awareness of the impact of insolvency law within domestic, regional and global contexts. Useful and thought-provoking, the chapters take an innovative approach and give new interpretations to hitherto available material. This book will be invaluable for those wishing to keep abreast of developments in jurisdictions representing all legal traditions and is a useful guide to the improvement and reform of insolvency laws and frameworks.
Download or read book Bankrupt written by Terence Halliday and published by Stanford University Press. This book was released on 2009-04-20 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the lens of the Asian Financial Crisis, this book documents how international organizations and national governments crafted legal responses, through corporate bankruptcy reforms, to the fragility of financial markets in East Asia and worldwide.
Download or read book Global Insolvency and Bankruptcy Practice for Sustainable Economic Development written by Dubai Economic Council and published by Springer. This book was released on 2016-04-29 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comparative study of international practices in bankruptcy law, providing perspectives from a variety of specialisms including practitioners, lawyers, bankers, accountants and judges from the United Arab Emirates, the UK and Singapore.
Download or read book International Bankruptcy written by Jodie Adams Kirshner and published by University of Chicago Press. This book was released on 2018-05-10 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge. With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.
Download or read book Insolvency Law Reforms in Asian Developing Countries written by Yuka Kaneko and published by Springer Nature. This book was released on 2022-01-16 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the outcomes of the economic law reforms in Asian developing countries, guided by the leading international development financiers such as the World Bank and the Asian Development Bank. Included is a particular focus on the recent “insolvency law” reforms in the Asian emerging economies, such as Vietnam, Laos, and Myanmar. Such legal reforms are the results of the “transplant” of the model law provided by these donor agencies, a law that was created in the post-Asian Currency Crisis in the 1990s. This book therefore examines the outcomes of three decades of donor-guided legal reforms. Appropriately, it applies not only the static approach to the legal texts but also an empirical methodology through interview surveys of the corporate and financial sectors. Following the introduction in Chapter I, Chapter II reviews the basic theories and presents the methodological framework. Chapter III then analyzes the contents of insolvency law reforms in the major target countries, namely, Vietnam, Laos, and Myanmar. Chapter IV provides a closer investigation into the design choices of Myanmar’s 2020 Insolvency Law as a typical example of the law reform involving the inter-donor conflict of law models between the Asian Development Bank and Japan’s official development assistance project. Lastly, Chapter V applies an empirical approach to the functioning of insolvency law, through international collaboration for interview surveys with small and medium-sized enterprises (SMEs) and their financiers.
Download or read book International Contributions to the Reform of Chapter 11 U S Bankruptcy Code written by B. Wessels and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chapter 11 U.S. Bankruptcy Code has served the U.S. economy for over 35 years in providing possibilities for the reorganization of failing companies. Since its inception in 1978, Chapter 11 has also functioned as a source of inspiration for other countries around the world. At a global level, there is now a strong convergence towards a more rescue-oriented approach to business failure. After 35 years, Chapter 11 itself is up for a structural reform. This book is the result of a truly global collaboration of leading practitioners and academics from 13 jurisdictions. It provides a comparative law input on the current initiative of the American Bankruptcy Institute (ABI) to reform the Chapter 11 U.S. Bankruptcy Code. Because of the targeted approach of answering specific questions formulated by ABI from the viewpoint of the selected jurisdictions, the book contains a structured and in-depth overview of different legal systems on specific topics not to be found elsewhere. It details how recurrent topics in any reorganization procedure are dealt with, most notably: governance in insolvency * the financing of companies in a reorganization procedure (DIP-finance) * the use of surcharges in sales of encumbered assets * the status of IP licences in insolvency * claims trading * rules on adopting a reorganization plan. The book provides a unique insight into the current state of affairs of reorganization laws across the globe. Contributions are included from Austria, Australia, Belgium, Canada, France, Germany, Italy, Japan, the Netherlands, the People's Republic of China, South Africa, and Spain. Furthermore, a highly accessible overview of the current revision process of Chapter 11 is included. *** Librarians: ebook available on ProQuest and EBSCO (Series: European and International Insolvency Law Studies - Vol. 2) [Subject: U.S. Law, Business Law, Commercial Law, Finance Law, Insolvency Law, Comparative Law]
Download or read book Research Handbook on Corporate Restructuring written by Paul J. Omar and published by Edward Elgar Publishing. This book was released on 2021-08-10 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Featuring international expert academics, practitioners and judges, the Research Handbook takes a thematic approach, exploring national and international models for rescue, stakeholders in insolvency, corporate structures and organisational models, specialist process issues, and institutional support, as well as interdisciplinary and cross-field aspects of insolvency and restructuring. Contributions analyse issues from a broad variety of perspectives, including the economic and social aspects of insolvency, and provide a comparative discussion of topics that will further inform global academic debate in this area. Scholars and students of corporate and insolvency law, commercial law, and law and economics, will find the inter-disciplinary legal, theoretical and jurisprudential discussion invaluable. The analysis of current reform agendas, practical and alternative solutions to common problems, and comparative approach will also be of interest to practitioners and policymakers.
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 Global Insolvency and Bankruptcy Practice for Sustainable Economic Development written by Dubai Economic Council and published by Palgrave Macmillan. This book was released on 2015-12-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How an economy handles financial and business distress has a major impact on confidence in business, the availability of investment, the cost of credit, and economic growth. The financial crisis of 2007-2008 and its aftermath was a catalyst to legal reform in the field of bankruptcy and restructuring law and brought an added focus to the systemic threat of bank failure to the financial system. This book explores the general principles and practice of legal reform within bankruptcy. From a variety of specialists including practitioners, lawyers, bankers, accountants and judges from the United Arab Emirates, the UK and Singapore, it provides a variety of perspectives on the topic. Chapters include topics such as the 'Four Pillars of Regulatory Framework', the history and application of the UNCITRAL Model Law on Cross-Border Insolvency, the challenges for financial institutions and the treatment of the insolvency of natural persons. The book also offers a comparative study of Islamic Shari'ah principles with modern bankruptcy regimes, an analysis of bankruptcy in the UAE and an evaluation of the legal infrastructure of the DIFC Courts. The authors explore core questions surrounding bankruptcy law, including its ability to facilitate the turnaround of business, to enable efficient reallocation of capital, to provide coherent rules for entrepreneurs, investors, employees, and creditors, and to provide for both appropriate sanctions and for rehabilitation. ?
Download or read book International Cooperation in Bankruptcy and Insolvency Matters written by Bob Wessels and published by Oxford University Press. This book was released on 2009 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.
Download or read book Insolvency Law in East Asia written by Professor Roman Tomasic and published by Ashgate Publishing, Ltd.. This book was released on 2013-01-28 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an overview of insolvency laws and related rules and procedures in the countries of East Asia. So far as possible, given the varying states of legal development, each chapter addresses key themes such as: the legal system and culture; personal insolvency laws; corporate insolvency rules; court based schemes of arrangement; winding up procedures; liquidators; enforcement; and offences.
Download or read book Contemporary Issues in Finance and Insolvency Law Volume 1 written by Leon Trakman and published by Taylor & Francis. This book was released on 2022-08-17 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is increasing regulatory interdependence amongst Central, East and South East Asian, European and North American financial markets, and these markets account for over one-third of the world’s population and global financial markets. As Asian markets become more integral to global financial economy, more cohesive, compatible and integrated insolvency and restructuring laws are essential. This two-volume work reviews why we should internationalise current cross-border insolvency and how we could restructure laws to address inadequacies. The two volumes evaluate international regulatory reforms directed at detecting and managing cross-border insolvency and restructuring crises across the entire economy including financial markets. The authors call for schemes of arrangements and letters of comfort to be formally accepted as international legal tools. The work also assesses recent, but as yet largely unregulated developments in financial agreements, particularly the use of close-out netting provisions that serve as significant protective mechanisms prior to the declaration of an insolvency. It discusses international arbitration, data protection and artificial intelligence in crossborder insolvency and restructuring. Finally, the book seeks a meaningful balance between self-regulation through financial contracts and other party practices, and regulation imposed by governments and international financial regulators. This extensive work will be a useful reference for legal practitioners, policy makers and scholars working on financial regulation and international financial laws.
Download or read book A Global View of Business Insolvency Systems written by Jay Lawrence Westbrook and published by BRILL. This book was released on 2009-12-14 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an age of economic turmoil. The recent crises emphasize the need for modern, sophisticated rules to govern businesses in financial distress in order to realize value from distressed companies and to protect economic institutions. This book provides information for legislators, policymakers, lawyers, accountants, academics, and administrators who seek to understand the workings of insolvency laws. Guided by the World Bank’s Principles and Guidelines, it supplements the work in this field done by UNCITRAL.
Download or read book Corporate Insolvency Law written by Vanessa Finch and published by Cambridge University Press. This book was released on 2002-09-12 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary examination of corporate insolvency law assesses recent reforms and anticipates new legislation.
Download or read book Corporate Insolvency Procedures and Bank Behavior written by Mr.Qaizar Hussain and published by International Monetary Fund. This book was released on 1999-10-01 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper explores insolvency and debt recovery procedures, and political, legal, and institutional factors influencing financial decisions of corporations and banks during pre-crisis years in six Asian economies. It also examines whether these factors may have contributed to the depth and duration of the 1997 crisis. There are two key findings: First, bank behavior and other institutional factors, and not the nature of stakeholder orientation, seem to explain variations in capital structures and the depth of recessions across economies. Second, aspects of insolvency procedures favoring rehabilitation of “financially distressed” firms seem to explain well the expected duration of the crisis.
Download or read book Insolvency and Bankruptcy Reforms in India written by Susan Thomas and published by Springer Nature. This book was released on 2022-11-30 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the establishment of the Insolvency and Bankruptcy Code, in 2016, one of the most important new developments in Indian commercial law. The law has major implications for firms, their creditors, and a variety of the professional services that feed into the decisions of borrowers and lenders including lawyers, accountants and valuers. A new profession of insolvency professionals has come to exist owing to the law. There are several questions about bankruptcy reform in the mind of researchers, policy makers and practitioners. How has the reform progressed? How has it reshaped the incentives of firms? What are the difficulties faced? What are the optimal paths for borrowers and lenders and their advisors under the rubric of the law? How should laws and institutions be modified? The book has a unique set of chapters, by key people who have shaped the field which offer novel insights into these questions. The book has been edited by key people who have worked on bankruptcy reform since 2010. Dr. Sahoo has been the chairperson of the Insolvency and Bankruptcy Board of India since the establishment of this regulatory agency. Dr. Thomas was a member of the Bankruptcy Law Reforms Committee which drafted the IBC, and led the internal team of the BLRC which drafted the law. The book is an authentic and credible analysis of the happenings in the Indian insolvency and bankruptcy ecosystem from the start, with interest areas for international and domestic, economics/finance and law, researcher and practitioner communities.
