Download or read book Keay s Insolvency written by Michael Murray and published by Lawbook Company. This book was released on 2016-03-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The ninth edition of Keay's Insolvency has come at a time when major insolvency reforms, foreshadowed in previous editions, have just been announced. While none of these has become law, the authors have introduced readers to the proposed changes and the considerable impact they will have on the operation of the law and the administration of insolvencies. These include the introduction of a safe harbour defence to insolvent trading, allowing more emphasis on informal restructuring, restrictions on counter-parties terminating contracts under "ipso facto" clauses, and allowing small companies to go through a streamlined liquidation process. The timing of these reforms, and their significance, is such that those studying and practicing in insolvency need to have an understanding of what is coming, which Keay will provide, even if by way of brief comment at various points throughout. Those reforms have confirmed the authors' continued and increased focus on corporate restructuring law and practice, including outside the context of formal insolvency, an on-going trend in Australia, and internationally. This edition also has new commentary on the roles and duties of lawyers acting in insolvency. PPS law and practice and further embedded in the commentary, along with cross-border insolvency, tax, banking and other related laws. The text has necessarily been updated with commentary on new and important case law, with an emphasis on decisions from the High Court and Courts of Appeals, or on decisions that add new perspectives on the law and practice. The authors have given greater emphasis to legal and insolvency practice - with references throughout to ASIC and AFSA regulatory guidance, Court rules, the ARITA Code, tax issues and forms. Useful tables have been added to explain the details in the text and each chapter now has a summary table of references to the particular parts of the legislation, regulatory guidance, and court rules. The book also cross-references to cases in the new case book, Insolvency Law - Commentary and Materials. Commentary on the statistical trends available from the October 2015 annual reports of the regulators, and other data, is explained, in particular in as far as they may support the law reform trends. The final chapter in the last edition of the text critically assessed Australia's insolvency regime. The authors stand by that commentary and have necessarily updated and added to it in light of the law reform announcements, remaining of the view that while the laws work well enough, the environment local and international environment in which they operate has significantly changed such that, while the reforms are welcomed, a wholesale review of the regime in Australia is still needed. The authors are pleased to see the recognition given to Australian insolvency law and practice through the election of Mr Mark Robinson of PPB Advisory as President of INSOL International in 2015, and of Professor Rosalind Mason, of Queensland University of Technology (QUT), as Chair of INSOL Academics. Both have contributed enormously to the development of the practice and law of insolvency both in Australia and internationally. We are very pleased to have Mark Robinson contribute a foreword to this edition of the book. Michael Murray remains a visiting fellow at the Queensland University of Technology, and is now a Fellow of the Australian Academy of Law, and continues to work in and contribute to the development and thinking of insolvency and restructuring law, practice and policy. Jason Harris is now an Associate Professor in Law at the University of Technology, Sydney, and continues to teach and write extensively in the area, in particular in corporate law and restructuring. Each brings his respective knowledge, experience and thoughts to this important area of law and practice.
Download or read book Insolvency Law written by Andrew R. Keay and published by Jordan Publishing (GB). This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering the subject of insolvency law, this text contains detailed academic analysis where necessary and also covers areas of debate and controversy in the subject. Insolvency is set in its social, economic and historical context and brief extracts for judgements and statutes are given.
Download or read book Keay s Insolvency written by Andrew R. Keay and published by Lawbook Company. This book was released on 2013 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prospect of major law reform was around at the time of the 7th edition in 2010, and while this has yet to eventuate, significant impacts on insolvency law and practice have come from other areas. Jason Harris, University of Technology, Sydney.
Download or read book Corporate Governance and Insolvency written by Keay, Andrew and published by Edward Elgar Publishing. This book was released on 2022-02-04 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book provides a comprehensive analysis of governance issues that exist in relation to the management of insolvent companies, both while an insolvent company is still controlled by the directors and when it passes into the hands of an insolvency practitioner in a formal insolvency regime. Throughout, the authors argue that the two most important features of corporate governance are transparency and accountability and offer a detailed analysis of the relevant law and practice.
Download or read book Company Directors Responsibilities to Creditors written by Andrew Keay and published by Routledge. This book was released on 2007-03-12 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pt. A. Introduction -- pt. B. Fraudulent trading -- pt. C. Wrongful trading -- pt. D. A duty to consider the interests of creditors -- pt. E. Theoretical analysis.
Download or read book Insolvency Law written by Andrew R. Keay and published by Longman/Pearson. This book was released on 2003 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insolvency Law provides a clear, readable and comprehensive account of the principles of insolvency law in England and Wales in relation to both corporate and personal debtors. This concise text contains detailed academic analysis and covers areas of debate and controversy. The subject of insolvency is set in its social, economic and historical context with brief extracts from judgements and statutes provided. It covers the subject in appropriate depth and breadth to make it suitable for single-module teaching of the subject.
Download or read book Keay S Insolvency written by MICHAEL & HARRIS MURRAY (JASON.) and published by . This book was released on 2018-05-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Keay's Insolvency has become a recognised text on personal and corporate insolvency law and practice in Australia, and it is widely used by practitioners and regularly cited in court. It offers both a detailed explanation of the law, supported by case law and commentary, and of insolvency practice, along with the authors' critical analysis of the effectiveness and efficiency of the regime and views on its need for reform. There has been considerable developments since the 9th edition with Insolvency Law Reform Act 2016 (Cth), (ILRA) which fully commenced on 1 September 2017 along with recent amendments made to the Corporations Act brought in by the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth), which introduces a new safe harbour for directors against insolvent trading for good faith restructuring efforts. This is aimed at assisting companies to restructure and avoid formal insolvency proceedings. The amendments also include protection against ipso facto clauses for creditors' schemes, receivership and voluntary administration, which is aimed at facilitating restructuring using formal mechanisms.
Download or read book European Insolvency Law written by Gerard McCormack and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.
Download or read book The Enlightened Shareholder Value Principle and Corporate Governance written by Andrew Keay and published by Routledge. This book was released on 2013 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explains and assesses the nature of enlightened shareholder value principle (ESV) and its contribution to corporate governance. Andrew Keay traces the development of the principle of ESV and examines it in the context of existing principles which have influenced corporate governance. The book analyses the UK legislation that delivers the principle in corporate law and ESV is compared to the constituency statutes that apply in the US in order to determine can whether anything can be learned from the American experience with these statutes. Finally the book considers whether ESV will mean a less short-termist approach by financial institutions and non-financial institutions after the global financial crisis.
Download or read book Insolvency Law written by Andrew Keay and published by Jordan Publishing (GB). This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering the subject of insolvency law, this text contains detailed academic analysis where necessary and also covers areas of debate and controversy in the subject. Insolvency is set in its social, economic and historical context and brief extracts for judgements and statutes are given.
Download or read book International Insolvency Law written by Paul Omar and published by Routledge. This book was released on 2017-07-05 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and the conduct of business in more than one jurisdiction. It is largely the offspring of globalization and involves looking at both law and economic rules. This book is a compendium of essays by eminent academics and practitioners in the field who trace the development of the subject, give an account of the influences of economics, legal history and private international law, and chart its relationship with finance and security issues as well as the importance of business rescue as a phenomenon. Furthermore, the essays examine how international instruments introduced in recent years function as well as how the subject itself is continually being innovated by being confronted by the challenges of other areas of law with which it becomes entangled.
Download or read book McPherson s Law of Company Liquidation written by R. Andrew Keay and published by . This book was released on 2018-10-31 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book McPherson and Keay the Law of Company Liquidation written by Andrew R. Keay and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This title discusses the legal considerations involved in company liquidation and addresses the various methods of winding-up. It covers the legal considerations to be taken into account in relation to creditors' petitions and miscellaneous other petitions. It explains provisional liquidation, analyzes the role and duties of the liquidator as well as the role of creditors, and addresses the distribution of a company's assets in both insolvent and solvent liquidations. It also provides guidance on investigations and examinations and discusses misconduct and prosecutions, as well as actions that can be taken by liquidators to recover assets and the international aspects of liquidations." --
Download or read book Insolvency Law in East Asia written by Roman Tomasic and published by Routledge. This book was released on 2016-05-23 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insolvency law reform has become a subject of public urgency in many countries in the past two decades and particularly in much of Asia over the last ten years. This volume provides an overview of insolvency laws and related rules and procedures in the countries of East Asia. The book comprises two introductory chapters dealing with issues such as legal culture and cross-border insolvency, before examining the fourteen principal jurisdictions in the region. Each chapter addresses the key themes of different insolvency regimes, 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. This title will be an invaluable guide to academics, practitioners and policy makers working in the areas of comparative and commercial law.
Download or read book Corporate Insolvency Law written by Rizwaan Jameel Mokal and published by Oxford University Press on Demand. This book was released on 2005 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses corporate insolvency law as a coherent whole, stemming from common fundamental principles and amenable to being justified or criticised on that basis. The author explains why consistency of principle must be sought and how it might be found in the relevant statutory and case law. He then constructs an egalitarian theory for the analysis of corporate insolvency law, based on the premise that all the parties affected by this law are to be treated as equals. He argues that this theory can reconcile the dictates of fairness with the demands of economic efficiency. The theory is employed to analyse some of the most important aspects of insolvency law. Why should the individualistic method of enforcing claims against solvent companies give way to a collective method during insolvency? Why are there different formal mechanisms for dealing with troubled companies? What role does the pari passu principle play in the distribution of an insolvent company s assets?The controversial issues of whether and when secured creditors should be accorded priority over others receive detailed consideration. The functional role of the floating charge and its relationship with receivership are also analysed in this context. The many questions relating to the operation of the new administration procedure introduced by the Enterprise Act 2002 are considered in the light of principle. The book also analyses the role of the wrongful trading provisions. It examines, finally, why insolvency law objects to certain transactions at an undervalue and those having a preferential effect. This volume aims to enhance understanding of this important branch of the law, and to suggest principled solutions to problems which have not yet received judicial attention.
Download or read book Commencement of Insolvency Proceedings written by Dennis Faber and published by OUP Oxford. This book was released on 2012-03-29 with total page 1351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings. This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned. The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations. This is the only book that offers a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries.
Download or read book Insolvency written by Andrew R. Keay and published by . This book was released on 1998 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
