Cross Border Protocols In Insolvencies Of Multinational Enterprise Groups
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Cross Border Protocols In Insolvencies Of Multinational Enterprise Groups
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Author : Ilya Kokorin
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-04-30
Cross Border Protocols In Insolvencies Of Multinational Enterprise Groups written by Ilya Kokorin and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-30 with Law categories.
Cross-border insolvency protocols play a critical role in facilitating the efficient resolution of complex international corporate insolvencies. This book constitutes the first in-depth study of the use of insolvency protocols, enriching existing knowledge about them and serving as a comprehensive introduction to their application in the context of multinational enterprise group insolvency. It traces the rise of insolvency protocols and discusses their legal basis, contents, effects, major characteristics and limitations.
Insolvency Law And Multinational Groups
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Author : Daoning Zhang
language : en
Publisher: Routledge
Release Date : 2019-07-30
Insolvency Law And Multinational Groups written by Daoning Zhang and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-30 with Law categories.
The insolvency of multinational corporate groups creates a compelling challenge to the commercial world. As many medium and large-sized companies are multinational companies with operations in different countries, it is important to provide appropriate solutions for the insolvency of these key market players. This book provides a comprehensive overview of the cross-border insolvency theories, practical solutions and regulatory solutions for the insolvency of multinational corporate groups. Whilst the book recognises certain merits of these solutions, it also reveals the limitations and uncertainty caused by them. An analysis of the provisions and tools relating to cross-border insolvency of multinational corporate groups in the new EU Regulation on insolvency proceedings 2015, the UNCITRAL Model Law on cross-border insolvency, the Directive on preventive restructuring frameworks and the Bank Recovery and Resolution Directive 2014, along with a study of directors’ duties, are included in this book. This book focuses on the insolvency and rescue of non-financial corporate groups. However, it is also important to recognise the similarities and differences between corporate insolvency regimes and bank resolution regimes. In particular, lessons learnt from bank resolution practices may be useful for non-financial corporate groups. This book aims to provide an in-depth examination of the existing solutions for the insolvency of multinational corporate groups. It also aims to view cross-border insolvency of corporate groups within a broad context where all relevant regimes and theories interact with each other. Therefore, directors’ duties in the vicinity of insolvency, preventive insolvency proceedings, procedural consolidation, international cooperative frameworks and bank resolution regimes are considered together. This book may appeal to academics, students and practitioners within the areas of corporate law, cross-border insolvency law and financial law.
International Insolvency Law
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Author : Elina Moustaira
language : en
Publisher: Springer
Release Date : 2018-12-31
International Insolvency Law written by Elina Moustaira and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-31 with Law categories.
This book presents problems that often arise in the context of international/cross-border insolvencies; analyzes and compares national legislations and jurisprudence; elucidates the solutions offered by international/regional instruments; and explores the differences in the implementation of these instruments by various countries and the consequences of these differences. It examines in detail a number of famous and less famous cases tried by national courts, in which it became readily apparent that insolvency law remains one of the bastions of national law. In addition, the book discusses the notion of transplanting foreign [international] insolvency rules and especially the influence that US insolvency law has exerted on other countries’ insolvency [and international insolvency] law. Far from adopting an unrealistically optimistic stance, it soberly examines the complications of cross-border insolvencies, while also presenting potential solutions.
The Future Of Cross Border Insolvency
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Author : Irit Mevorach
language : en
Publisher: Oxford University Press
Release Date : 2018
The Future Of Cross Border Insolvency written by Irit Mevorach and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Business & Economics categories.
A fresh and insightful guide to post-financial crisis cross-border insolvency, this book interrogates the current regime and sets out a pattern to improve its future. In recent decades, and especially since the global financial crisis, a number of important initiatives have focused on developing effective solutions for managing the insolvency of multinational enterprises and financial institutions. Irit Mevorach here takes stock of the varying success of previous policy, and identifies the gaps and biases that could be bridged by a new approach.
Insolvency Within Multinational Enterprise Groups
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Author : Irit Mevorach
language : en
Publisher:
Release Date : 2009
Insolvency Within Multinational Enterprise Groups written by Irit Mevorach and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Bankruptcy categories.
The law relating to multinational enterprise groups is notoriously complex. This book provides the first detailed analysis of the case law, presenting a clear model for future developments.
Cross Border Insolvency Proceedings
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Author : Remigijus Jokubauskas
language : en
Publisher: Taylor & Francis
Release Date : 2024-04-30
Cross Border Insolvency Proceedings written by Remigijus Jokubauskas and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-30 with Law categories.
This book presents an analysis of the effectiveness of European Union cross-border insolvency proceedings. It provides a thorough assessment of the development of cross-border insolvency proceedings established in the Regulation on Insolvency Proceedings ((EU) 2015/848) and how they contribute to the general goals of the EU internal market. Insolvency law has not been subject to a global mandatory harmonization process, with no globally biding legal act. Instead, the landscape of international insolvency law is characterized by a patchwork of national laws that seek to accommodate cross-border insolvencies and soft law agreements. In the EU cross-border insolvency law holds significant importance in ensuring the smooth operation of the internal market. Fostering international investments and legal foreseeability in insolvency proceedings, it upholds the fundamental freedoms within EU law. This book covers the main elements of EU cross-border insolvency law, such as jurisdiction, applicable law, recognition and enforcement of judgments. It also focuses on previously unexplored areas, such as the exercise of creditors' rights in cross-border insolvency cases and the tracing and recovery of assets and discusses the application of the Restructuring and Insolvency Directive ((EU) 2019/1023) in relation to the rescue of viable companies and the discharge of debts for insolvent entrepreneurs. This book will be of interest to students and practitioners of insolvency law, EU law and private international law. It will also be useful for national legislators and EU institutions working on the development of EU insolvency law.
Cross Border Insolvency And The Challenges Of The Global Corporation Evaluating Globalization And Stakeholder Predictability Through The Uncitral Model Law On Cross Border Insolvency And The European Union Insolvency Regulation
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Author : Pedro Jose Bernardo
language : en
Publisher:
Release Date : 2014
Cross Border Insolvency And The Challenges Of The Global Corporation Evaluating Globalization And Stakeholder Predictability Through The Uncitral Model Law On Cross Border Insolvency And The European Union Insolvency Regulation written by Pedro Jose Bernardo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
While the intent of dominant cross border insolvency regimes such as the UNCITRAL Model Law and the European Union Insolvency Regulation on Cross Border Insolvency is to “universalize” the resolution of corporations operating across various jurisdictions, the ideal outcome of maximizing firm value and ensuring predictability for corporate creditors and shareholders may not in all cases operate effectively because of (a) the high degree of discretion assumed by national insolvency authorities, particularly in determining the firm's center of main interests, and (b) the inability of existing regimes to effectively resolve multinational corporate groups. It is in this way that existing cross border insolvency regimes can be viewed as a hindrance to globalization by both increasing transaction costs and encouraging an attitutde of territoriality among corporate players and regulators. However, because of the recognized need for cooperation and coordination implicit in any effective cross border resolution, these regimes have succeeded in raising awareness of the need for effective cross border resolution and have pushed regulators to recognize not only the cross border effects of corporate resolutions, but also of the need to address lingering questions persisting in existing frameworks. It is in this zone of cooperation and coordination that these regimes serve as a potent counter-force against this attitude of territoriality spawned by lapses in existing regulations, thereby demonstrating the potential for enhancing both orderly resolution and promoting globalization in the corporate sphere.
International Insolvency Law
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Author : Professor Paul Omar
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-12-28
International Insolvency Law written by Professor Paul Omar and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-28 with Law categories.
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.
International Bankruptcy
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Author : Jodie Adams Kirshner
language : en
Publisher: University of Chicago Press
Release Date : 2018-05-10
International Bankruptcy written by Jodie Adams Kirshner and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-10 with Law categories.
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.
Dead Firms
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Author :
language : en
Publisher: Emerald Group Publishing
Release Date : 2016-07-05
Dead Firms written by and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-05 with Business & Economics categories.
Why do firms die? This volume explores international and cross-disciplinary perspectives, carrying out a forensic examination of 'how and why' companies die in order to understand the lessons 'dead firms' may have to offer.