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 The Law and Finance of Related Party Transactions written by Luca Enriques and published by Cambridge University Press. This book was released on 2022-06-09 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: A globe-spanning group of leading law and finance scholars bring together cutting-edge research to comprehensively examine the challenges legislators face in regulating related party transactions in a socially beneficial way. Combining theoretical analysis of the foundations of efficient regulation with empirical and comparative studies, readers are invited to draw their own conclusions on which regulatory responses work best under differing circumstances. The careful selection of surveyed jurisdictions offers in-depth insight into a broad variety of regulatory strategies and their interdependence with socioeconomic and political conditions. This work should be read by scholars, policymakers, and graduate students interested in a critical, much-debated area of corporate governance.
Download or read book The ABCs of the UCC written by Frederick H. Miller and published by American Bar Association. This book was released on 2002 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Third Edition's thoroughly updated 40-page index incorporates new Article 9 terms for fast easy look-ups.
Download or read book The Law and Finance of Related Party Transactions written by Luca Enriques and published by Cambridge University Press. This book was released on 2019-06-27 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive look at the challenges legislators face in regulating related party transactions in a socially beneficial way.
Download or read book Orderly and Effective Insolvency Procedures written by International Monetary Fund and published by International Monetary Fund. This book was released on 1999-08-02 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.
Download or read book Related Party Transactions and Minority Shareholder Rights written by OECD and published by OECD Publishing. This book was released on 2012-03-29 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication reviews provisions covering related party transactions and the protection of minority shareholder rights in 31 jurisdictions, both OECD and non-OECD. In addition, the regulatory and legal systems that have beeen developed in five jurisdictions are reviewed in detail.
Download or read book Voidable Transactions in Company Insolvency written by Farid Assaf and published by . This book was released on 2014-11-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Voidable Transactions in Company Insolvency written by Farid Assaf (Principal Author and Concept Originator), Brett Shields and Hilary Kincaid is a clear, thorough and practical work. This book guides practitioners through the complex voidable transaction provisions of the Corporations Act 2001 (Cth) and the myriad of cases dealing with voidable transactions.All aspects of the voidable transaction provisions contained in Part 5.7 of the Corporations Act are discussed in meticulous detail while at the same time maintaining a practical outlook. In addition to chapters on various types of voidable transactions, there are individual chapters specially dedicated to practice and procedure in voidable transaction cases, the Personal Property Securities Act 2009 (Cth) and cross-border insolvency aspects of voidable transactions. Complete with checklists and precedents, Voidable Transactions in Company Insolvency is a must for the busy practitioner practising in insolvency law.Features* Scholarly and thorough exposition of subject matter* A single resource with a practical focus designed for the busy practitioner* Clear, concise and well written* Practical emphasis with the inclusion of checklists and precedents
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 Related Party Transactions and Corporate Groups written by Ivan Romashchenko and published by Kluwer Law International B.V.. This book was released on 2020-03-06 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a market environment where economic actors conduct themselves as diligent and conscientious managers, the regulation of related party transactions (RPTs) would be largely irrelevant. Unfortunately, the corporate reality is far from an ideal world that is innocent of market abuse and corporate fraud. It remains necessary to protect minority shareholders from the wrongdoings of majority shareholders and to protect all shareholders from opportunistic managerial behaviour. This timely book – the first on the subject since implementation of the European Union’s (EU’s) revised Shareholders’ Rights Directive – provides in-depth analysis of how and to what extent RPTs are covered by existing legal requirements on capital protection and corporate group regulation, highlighting experiences and strategies adopted in Germany, Poland, and the Netherlands as examples for Eastern European countries and in particular Ukraine. Beyond his comparative analysis of the current status, the author offers recommendations for more effective handling of RPTs, investigating such aspects as the following: what constitutes a corporate group and how group issues are regulated in the various legal systems; what constitutes a conflict of interest originating in ownership and control and what types of such conflicts occur; whether RPTs within corporate groups should receive special treatment relative to transactions outside groups; combatting corporate raiding, most often carried out through illegal seizure of corporate assets; approval and disclosure requirements for RPTs; and how information about RPTs is disclosed publicly. Drawing on resources including legislation, case law, scholarship, and intensive discussions with practicing lawyers from several jurisdictions, the author underscores the imperative of establishing limitations and requirements that oblige a company’s officers, shareholders, and other potential related parties to follow certain rules whenever they wish to enter into an RPT. As a contribution to the debate about the convergence between EU corporate law and that of major eastern European states, the book has no peers. Practitioners in both East and West who advise on compliance with regulations for RPTs or represent stakeholders’ interests against abusive RPTs will ensure appropriate remedies and protection mechanisms for their clients.
Download or read book Doing Business 2020 written by World Bank and published by World Bank Publications. This book was released on 2019-11-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.
Download or read book Bankruptcy Around the World written by Stijn Claessens and published by World Bank Publications. This book was released on 2002 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book An Overview of the Legal Institutional and Regulatory Framework for Bank Insolvency written by International Monetary Fund. Monetary and Capital Markets Department and published by International Monetary Fund. This book was released on 2009-04-17 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides an overview of the legal, institutional, and regulatory framework that countries should put in place to address cases of bank insolvency. It is primarily intended to inform the work of the staffs of the International Monetary Fund (IMF) and World Bank, and to provide guidance to their member countries.
Download or read book New Perspectives on Economic Crime written by Sjögren, and published by Edward Elgar Publishing. This book was released on 2004-01-01 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic crime is, by definition, crime committed to gain profit within an otherwise legitimate business. Examples are illegal pollution, brand name infringement and tax evasion.
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 Bankruptcy and Insolvency Accounting Volume 2 written by Grant W. Newton and published by John Wiley & Sons. This book was released on 2010-01-26 with total page 1204 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the rise in the number of mergers and acquisitions taking place in today's business environment, there will undoubtedly be a rise in the number of bankruptcies. Completely updated, Bankruptcy and Insolvency Accounting, Seventh Edition, Volume 2 updates the most recent forms and exhibits as a result of the new Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The process of turning around a troubled business and restructuring its financial aspects is thoroughly described for controllers, CEOs, CFOs and CPAs with small businesses as clients.
Download or read book Bankruptcy and Insolvency Accounting Volume 1 written by Grant W. Newton and published by John Wiley & Sons. This book was released on 2009-11-24 with total page 972 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accountants and financial managers are often the first professionals to realize that a financial problem exists within a corporation but must be familiar with the various alternatives available to clients before they can offer solutions. Completely updated, Bankruptcy and Insolvency Accounting, Seventh Edition, Volume 1 provides detailed information on SOP 90-7 and FASB statements 141, 142, and 144 and revisions made in CSSR 93-1 by CSSR 03-1. The process of corporate restructuring is thoroughly described for controllers, CEOs, CFOs and CPAs with small businesses as clients.
