Download or read book Creditor Protection in the Law of Corporate Groups written by Patrick Müller and published by . This book was released on 2014 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Creditor Protection in Group Law written by and published by . This book was released on 2014 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporate Groups and Creditors Protection written by Mónica Fuentes and published by . This book was released on 2015 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unfortunately, unlike other European countries, Spanish corporate law does not observe a specific regime for corporate groups, containing only protection mechanisms of corporate creditors with regard to a reality that disappears when their indebted company is incorporated into a group. In this case, the conceived legal regime for that - formerly - independent company does not cover all the potential dangers that for its patrimony and its creditors the new economic reality of the group represents. Consequently, the study of the problem has to be constructed interpreting those creditor's protective norms anticipated by our current corporate law for independent companies from the specific enterprise reality that the corporate group represents.
Download or read book The Law of Corporate Groups written by Phillip I. Blumberg and published by Wolters Kluwer. This book was released on 2007-01-01 with total page 1220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional corporation law (or entity law) no longer covers the challenges presented by today's multinational corporate integration and control. Now, Blumberg's ground-breaking analysis of the law of corporate groups (or enterprise law) brings current trends in business law into sharp focus, with detailed examination of thousands of cases.Every corporate lawyer must deal with state statutory issues, and this is the source to turn to for information and guidance. Blumberg provides expert, practical analysis of the statutes -- and their application -- in such areas as: Public utilities, banking, and Savings and Loan Associations following federal models -- Insurance Alcoholic beverages and gambling -- The vital topic of professional responsibility in the representation of affiliated corporations is also covered here.
Download or read book Corporate Groups Creditor Protection and Cross Guarantees Some Australian Perspectives written by Jennifer G. Hill and published by . This book was released on 2020 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: The adequacy of creditor protection is an on-going issue in corporate law. The traditional vulnerability of creditors can be traced to an entity theory of the corporation, coupled with limited liability. Creditor vulnerability is exacerbated by the existence of the corporate group, which has been described as achieving quot;limited liability within limited liabilityquot;. Nonetheless, modern corporate law has retreated in a number of significant ways from its former quot;self-helpquot; attitude to creditors, by shifting risk away from creditors to other parties, such as directors.lt;brgt;lt;brgt;The aim of this article is to identify a number of areas of corporate law where the allocation of risk established under limited liability and corporate entity principles has been questioned, and where a variety of devices has been suggested or implemented to shift established patterns of liability and corporate accountability. In tracing these developments, the article considers whether limited liability, particularly with its implications for involuntary creditors, should remain a benchmark in corporate law. In the context of corporate groups, the article discusses theoretical literature suggesting that the entity theory is inadequate to capture the reality of corporate groups, where actions, but not responsibility, may be collectivized. The article then analyses several legal doctrines and specific legislative provisions, which may disrupt traditional allocation of liability. lt;brgt;lt;brgt;Cross guarantees lie at the intersection of creditor protection and corporate groups. The article examines the impact of cross guarantees in corporate groups, and the inherent tension between entity and enterprise principles in their operation as a liability shifting device. Focusing on a particular scheme of cross guarantees implemented by the Australian securities regulator, it assesses the ability of cross guarantees to circumvent standard patterns of liability under an entity theory of corporate groups and enhance creditor protection. The article argues that the law in this area needs to be more attuned to commercial reality of contemporary group enterprises and be sufficiently flexible to achieve desired policies.
Download or read book Liability of Corporate Groups and Networks written by Christian A. Witting and published by Cambridge University Press. This book was released on 2018-01-11 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.
Download or read book Blumberg on Corporate Groups written by Phillip I. Blumberg and published by Wolters Kluwer. This book was released on 2005-01-01 with total page 5804 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new five volume "Second Edition" of "Blumberg on
Download or read book Groups of Companies written by Andrew Muscat and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Corporate Groups written by Phillip I. Blumberg and published by Aspen Publishers. This book was released on 1995-12-31 with total page 860 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional corporation law (or 'entity' law) no longer covers the challenges presented by today's multinational corporate integration and control. Now, Blumberg's ground-breaking analysis of the law of corporate groups (or 'enterprise' law) brings current trends in business law into sharp focus, with detailed examination of thousands of cases.In this volume of The Law of Corporate Groups, Blumberg shows that fairness to creditors and equality of distribution in a corporate group bankruptcy context are better served by enterprise analysis. Among the issues he covers are: How bankruptcy law circumvents and overrides traditional notions of liabilityEffect of transfers of funds and assets between parents and subsidiariesJudicial attitudes toward fiduciary responsibilities of parent corporations.
Download or read book Liability of Corporate Groups Autonomy and Control in Parent Subsidiary Relationships in U S German and EEC Law An International and Comparative Perspective written by José Engrácia Antunes and published by Springer. This book was released on 1994-05-11 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Full Title: Liability of Corporate Groups: Autonomy and control in Parent-Subsidiary Relationships in US, German and EU Law, An International and Comparative Perspective. Corporation law dates from the 19th century when the growth of business enterprise required a division between the private and the company sphere, making the company a legal person with its own rights, responsibilities and liabilities. The company was no longer the legal equivalent of its owner but became a separate legal entity, providing a form of legal protection for the owners, employees and the customers. The introduction of company law meant a great step forward for those engaged in big business in Europe, the U.S. and elsewhere.
Download or read book The Oxford Handbook of Corporate Law and Governance written by Jeffrey Neil Gordon and published by Oxford University Press. This book was released on 2018 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate law and governance are at the forefront of regulatory activities worldwide, and subject to increasing public attention in the wake of the Global Financial Crisis. Comprehensively referencing the key debates, the Handbook provides a much-needed framework for understanding the aims and methods of legal research in the field.
Download or read book Global Issues in Corporate Law written by Franklin Gevurtz and published by West Academic Publishing. This book was released on 2006 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The newest book in the Global Issues series, this title is designed to allow the introduction of comparative and transnational law issues into a basic corporation law class. Topics include choice of law; a basic typology of business organization forms in the world; limited liability and creditor protection concerns; corporate governance structures; mismanagement by directors and controlling shareholders; insider trading; and takeovers. The book is designed to inform, rather than overburden, the basic corporation law course. Carefully drafted note materials make the book self-contained, so neither students nor instructors will feel compelled to engage in extensive outside reading.
Download or read book Specific Conflicts of Interest and Debtor Opportunism Within Corporate Groups written by Jennifer Dickfos and published by . This book was released on 2012 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Creditor Protection in the Corporate Group written by Eike T. Bicker and published by . This book was released on 2007 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the ECJ decisions in Centros, Uuml;berseering and Inspire Art it is now possible to set up an English limited company which conducts its business solely elsewhere (pseudo-foreign company), without subjecting the company to the domestic company law of the Member State in which it intends to do business. This recent development also has an impact on cross-border groups: It provides a route to avoid domestic corporate group law, especially the highly restrictive German Konzernrecht (forum shopping). However, if English law proves to be deficient in that area, the domestic law of the Member State in which the English subsidiary conducts its business may be imposed (Gebhard-test). Therefore, this essay firstly analyses the effectiveness of English creditor protection law in the corporate group context. It will come to the conclusion that the current state of English law is largely unsatisfactory. Especially the English wrongful trading rule (s. 214 IA 1986) has failed to address the corporate group problem adequately. Although the provision is drafted broadly enough, too many conditions need to be fulfilled to regard a parent company as a shadow director. The major shortcoming of all statutory remedies (capital maintenance rules and insolvency claw back provisions) is that they appear to adopt a monotransactional approach. Thus, there is a good chance that the ECJ will accept that some German company law rules are imposed on English quot;pseudo-foreignquot; group companies to fill in the perceived gaps. In a second step it is analysed which domestic company law rules can be imposed in particular. It is argued that the German liability for cold liquidation (Existenzvernichtungshaftung) and the German insolvency rules on phantom equity are applicable.
Download or read book The Law of Corporate Groups written by Phillip I. Blumberg and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Creditor Protection in Private Companies written by Thomas Bachner and published by Cambridge University Press. This book was released on 2009-04-16 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigates mechanisms in English and German law that protect creditors against the abuse of limited liability by directors and shareholders.
Download or read book The Labyrinth of Liability Involuntary Creditors of Corporate Groups written by Rebecca Birchall and published by . This book was released on 1995 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:
