Creditor Protection In Private Companies
DOWNLOAD
Download Creditor Protection In Private Companies PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Creditor Protection In Private Companies book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Creditor Protection In Private Companies
DOWNLOAD
Author : Thomas Bachner
language : en
Publisher:
Release Date : 2009
Creditor Protection In Private Companies written by Thomas Bachner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Corporation reserves categories.
Investigates mechanisms in English and German law that protect creditors against the abuse of limited liability by directors and shareholders.
Creditor Protection In Private Equity Backed Leveraged Buyout And Recapitalisation Practices
DOWNLOAD
Author : Hasan Erdem ?i?mangil
language : en
Publisher: BWV Verlag
Release Date : 2014-11-17
Creditor Protection In Private Equity Backed Leveraged Buyout And Recapitalisation Practices written by Hasan Erdem ?i?mangil and has been published by BWV Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-17 with Bankruptcy categories.
Private equity-backed leveraged buyout (LBO) and leveraged recapitalisation practices have been on the rise since the early 1970s when the LBO model was first invented. They continue to play a major role for investors for their less transparent and less bureaucratic investment models outside of capital markets, where financial regulations become tighter following the financial crisis of 2008 affecting global capital markets in a chain reaction. Private equity-backed LBOs and leveraged recapitalisations continue to be popular investment models, however they carry risks both at the target company level and on a macroeconomic level due to the interconnectedness of these investments with global capital markets for funding and refinancing of acquisition finance debts. Creditor protection mechanisms of company and insolvency law therefore play a central role in preventing or dealing with failures that may be triggered at the target company level and have detrimental effects for all creditors and the economy. Though the European legal capital system must be critically revisited, England's and Germany's already mature markets and legal systems should help in developing a better interpretation of these rules in developing economies like Turkey, consequently establishing a solid base for this investment practice in these economies.
Belgian And European Perspectives On Creditor Protection In Closed Companies
DOWNLOAD
Author : Diederik Bruloot
language : en
Publisher:
Release Date : 2019
Belgian And European Perspectives On Creditor Protection In Closed Companies written by Diederik Bruloot and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Corporations categories.
This volume contains the papers presented during a workshop at Ghent University's Financial Law Institute. The aim of the workshop was to confront the new Belgian framework on creditor protection in closed companies with foreign experiences and insights from recent legal and empirical research. The book deals with questions of creditor protection throughout the lifespan of companies: from the time of their formation, over the different kinds of distributions, to their winding-up. Some contributions focus on more topical issues of creditor protection like the subordination of shareholder loans or the foreclosure of security interests. The book contributes to the continuing debate on the optimal legal strategy regarding creditor protection. Furthermore, it provides valuable insights on the background and foundations of the remarkable approach towards creditor protection in closed companies in the new 2019 Belgian Companies Act. Contributions by Diederik Bruloot and Evariest Callens, Isabelle Corbisier, Hans De Wulf, Miguel Gimeno Ribes, Frederic Helsen, Simon Landuyt, Christoph Van der Elst and Jasper Van Eetvelde.
Creditor Protection In Private Companies
DOWNLOAD
Author : Thomas Bachner
language : en
Publisher: Cambridge University Press
Release Date : 2009-04-16
Creditor Protection In Private Companies written by Thomas Bachner and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-16 with Business & Economics categories.
Investigates mechanisms in English and German law that protect creditors against the abuse of limited liability by directors and shareholders.
The Law And Economics Of Creditor Protection
DOWNLOAD
Author : Horst Eidenmüller
language : en
Publisher: T.M.C. Asser Press
Release Date : 2008
The Law And Economics Of Creditor Protection written by Horst Eidenmüller and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This book presents important contributions to the current debate on creditor protection in European company law. Reform of the European rules on creditor protection in company law is imminent. Academic work on both sides of the Atlantic shows a tendency that traditional mandatory rules should give way to individual solutions which are freely negotiated between creditors and corporate debtors. Recent judgments by the European Court of Justice have spurred regulatory competition between Member States and the incumbent system is being challenged by the Europe-wide introduction of the International Accounting Standards/International Financial Reporting Standards. Last but not least, the European Insolvency Regulation poses the question how company law and insolvency law shall be realigned in the future. Contributors to this book, which is based on the results of a symposium held in Munich in December 2005, include scholars who are currently working on reform projects in various Member States, leading experts in company law, insolvency law, accounting law, and economics. The manifold thoughts presented by these outstanding authors provide the reader with important insights and will not fail to inform and influence the current policy debate. As such, the book is an indispensable tool for all players in the field. Prof. Dr. Horst Eidenmüller is Professor of Private Law, German, European and International Company Law and Director of the Institute for International Law, Ludwig Maximilian University, Munich, Germany.Prof. Dr. Wolfgang Schön is Director of the Max Planck Institute for Intellectual Property, Competition and Tax Law, Department of Accounting and Taxation, in Munich and Honorary Professor at the Ludwig Maximilian University, Munich, Germany.
Covenants And Third Party Creditors
DOWNLOAD
Author : Daniela Matri
language : en
Publisher: Springer
Release Date : 2017-10-17
Covenants And Third Party Creditors written by Daniela Matri and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-17 with Law categories.
This book adds to the debate on the effects of covenants on third-party creditors (externalities), which have recently become a focus of discussion in the contexts of bankruptcy law, corporate law and corporate governance. The general thrust of the debate is that negative effects on third-party creditors predominate because banks act in their own self-interest. After systematising the debated potential positive and negative externalities of covenants, the book empirically examines these externalities: It investigates the banks’ factual conduct and its effects on third-party creditors in Germany and the US. The study’s most significant outcome is that it disproves the assumption that banks disregard third-party creditors’ interests. These findings are then interpreted with the tools of economic analysis; particularly, with the concept of common pool resources (CPRs). Around the aggregated value of the debtor company’s asset pool (as CPR) exists an n-person prisoner’s dilemma between banks and third-party creditors: No creditor knows when and under what conditions the other creditor will appropriate funds from the debtor company’s asset pool. This coordination problem is traditionally addressed by means of bankruptcy law and collaterals. However, the incentive structure that surrounds the bilateral private governance system created by covenants and an event of default clause (a CPR private governance system) is found to also be capable of tackling this problem. Moreover, the interaction between the different regulation spheres – bankruptcy law, collateral and the CPR private governance system − has important implications for both the aforementioned discussions as well as the legal treatment of covenants and event of default clauses. Covenants alone cannot be seen as an alternative to institutional regulation; the complete CPR private governance system and its interaction with institutional regulation must also be taken into consideration. In addition, their function must first find more acceptance and respect in the legal treatment of covenants and event of default clauses: The CPR private governance system fills a gap in the regulation of the tragedy of the commons by bankruptcy law and collateral. This has particularly important implications for the German § 138 BGB, § 826 BGB and ad hoc duties to disclose insider information.
Regulating The Closed Corporation
DOWNLOAD
Author : Gregor Bachmann
language : en
Publisher: Walter de Gruyter
Release Date : 2013-12-18
Regulating The Closed Corporation written by Gregor Bachmann and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-18 with Law categories.
The renowned authors of this ECFR special volume systematically develop legal standards and regulatory frameworks for closed corporations in Europe (including of course the Societas Privata Europaea), putting a strong focus on the economic practice and efficiency. The profound, in-depth analysis of the objectives and strategies comes to groundbreaking insights and also offers specific solutions for a multitude of practical aspects.
The European Private Company Societas Privata Europaea Spe
DOWNLOAD
Author : Heribert Hirte
language : en
Publisher: Walter de Gruyter
Release Date : 2012-12-19
The European Private Company Societas Privata Europaea Spe written by Heribert Hirte and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-19 with Law categories.
Mit der Societas Privata Europaea (SPE) wird eine europäische Rechtsform eingeführt, auf die der exportorientierte Mittelstand seit vielen Jahren wartet. Die SPE kann schnell und kostengünstig für die Neugründung einer Auslandsaktivität eingesetzt werden oder durch Formwechsel aus einer nationalen Gesellschaft entstehen. Sie erlaubt außerdem die Bildung eines Netzes von ausländischen Vertriebs- und Servicegesellschaften in einer europaweit einheitlich anerkannten Rechtsform. Rechtsberater und Rechtswissenschaftler müssen für die Betrachtung der rechtlichen Einzelfragen in der SPE eine europäische Perspektive einnehmen. In dem ECFR-Sonderheft beleuchtet daher ein internationales Autorenteam die praktisch wichtigen Grundfragen der neuen Rechtsform aus wissenschaftlich vertiefter Perspektive: Gründung und Registerverfahren, anwendbares Recht, praktische Einsatzmöglichkeiten der SPE, Gläubigerschutz, innere Ordnung, Geschäftsleiterpflichten, Schutz von Minderheitengesellschaftern, Anfechtungsklagen gegen Gesellschafterbeschlüsse, Mitbestimmung der Arbeitnehmer, Steuerrecht. Die Autoren aus Dänemark, Deutschland, England, den Niederlanden, Polen und Spanien sind langjährige Spezialisten auf ihrem Gebiet und sowohl wissenschaftlich als auch praktisch ausgewiesen.
The Single Ship Company
DOWNLOAD
Author : Dimitrios Christodoulou
language : en
Publisher:
Release Date : 1999
The Single Ship Company written by Dimitrios Christodoulou and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with categories.
Creditor Rights And The Public Interest
DOWNLOAD
Author : Janis Pearl Sarra
language : en
Publisher:
Release Date : 2003
Creditor Rights And The Public Interest written by Janis Pearl Sarra and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States. Sarra draws on a comprehensive body of academic literature that covers a broad range of issues--insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials. Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.