Current Issues In European Financial And Insolvency Law
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Current Issues In European Financial And Insolvency Law
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Author : Wolf-Georg Ringe
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-06-02
Current Issues In European Financial And Insolvency Law written by Wolf-Georg Ringe and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-02 with Law categories.
Recent case-law and legislation in European company and insolvency law have significantly furthered the integration of European business regulation. In particular, the case-law of the European Court of Justice and the introduction of the EU Insolvency Regulation have provided the stimulus for current reforms in various jurisdictions in the fields of insolvency and financial law. The UK, for instance, has adopted the Enterprise Act in 2002, designed, inter alia, to enhance enterprise and to strengthen the UK's approach to bankruptcy and corporate rescue. In a similar vein, a recent reform in France has modernised French insolvency law and even introduced a tool similar to the successful English 'company voluntary arrangement' (CVA). This book provides a collection of studies by some of the leading English and French experts today, analysing current perspectives of insolvency and financial law in Europe, both on the national as well as on the European level.
Contemporary Issues In Finance And Insolvency Law Volume 1
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Author : Leon Trakman
language : en
Publisher: Taylor & Francis
Release Date : 2022-08-17
Contemporary Issues In Finance And Insolvency Law Volume 1 written by Leon Trakman and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-17 with Law categories.
There is increasing regulatory interdependence amongst Central, East and South East Asian, European and North American financial markets, and these markets account for over one-third of the world’s population and global financial markets. As Asian markets become more integral to global financial economy, more cohesive, compatible and integrated insolvency and restructuring laws are essential. This two-volume work reviews why we should internationalise current cross-border insolvency and how we could restructure laws to address inadequacies. The two volumes evaluate international regulatory reforms directed at detecting and managing cross-border insolvency and restructuring crises across the entire economy including financial markets. The authors call for schemes of arrangements and letters of comfort to be formally accepted as international legal tools. The work also assesses recent, but as yet largely unregulated developments in financial agreements, particularly the use of close-out netting provisions that serve as significant protective mechanisms prior to the declaration of an insolvency. It discusses international arbitration, data protection and artificial intelligence in crossborder insolvency and restructuring. Finally, the book seeks a meaningful balance between self-regulation through financial contracts and other party practices, and regulation imposed by governments and international financial regulators. This extensive work will be a useful reference for legal practitioners, policy makers and scholars working on financial regulation and international financial laws.
Contemporary Issues In Finance And Insolvency Law Volume 2
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Author : Leon Trakman
language : en
Publisher: Taylor & Francis
Release Date : 2022-08-17
Contemporary Issues In Finance And Insolvency Law Volume 2 written by Leon Trakman and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-17 with Law categories.
There is increasing regulatory interdependence amongst Central, East and South East Asia, European and North American financial markets, and these markets account for over one-third of the world’s population and global financial markets. As these Asian markets become more integral to global financial economy, more cohesive, compatible and integrated insolvency and restructuring laws are essential. This two-volume work reviews why we should internationalise current cross-border insolvency and how we could restructure laws to address inadequacies. The two-volume work evaluates international regulatory reforms directed at detecting and managing cross-border insolvency and restructuring crises across the entire economy including financial markets. The authors call for schemes of arrangements and letters of comfort to be formally accepted as international legal tools. The work also assesses recent, but as yet unregulated developments in financial agreements, namely, the use of close-out netting provisions. They are a significant preventative legal mechanism, protecting debtors, creditors and employees among others, before a declaration of insolvency. The book discusses international arbitration, data protection and artificial intelligence in cross-border insolvency and restructuring. Finally, it seeks a meaningful balance between self-regulation through financial contracts and other party practices, and regulation imposed by governments and international financial regulators. This extensive work will be a useful reference for legal practitioners, policy makers and scholars working on financial regulation and international financial laws.
Contemporary Issues In Finance And Insolvency Law Volume 1
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Author : Leon Trakman
language : en
Publisher: Routledge
Release Date : 2022-05-30
Contemporary Issues In Finance And Insolvency Law Volume 1 written by Leon Trakman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-30 with categories.
The book evaluates international regulatory reforms directed at detecting and managing insolvency crises in financial markets. It also assesses recent, but as yet unregulated development in financial agreements, namely, the use of close-out netting provisions.
Dealing With Private Debt Distress In The Wake Of The European Financial Crisis A Review Of The Economics And Legal Toolbox
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Author : Ms.Yan Liu
language : en
Publisher: International Monetary Fund
Release Date : 2013-02-20
Dealing With Private Debt Distress In The Wake Of The European Financial Crisis A Review Of The Economics And Legal Toolbox written by Ms.Yan Liu and has been published by International Monetary Fund this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-20 with Business & Economics categories.
The private non-financial sector in Europe is facing increased challenges in meeting its debt servicing obligation. In response, governments are revisiting legal tools and—in some cases—institutional arrangements to deal with over-indebtedness. For households, where the problem in some countries is large but no established best practice exists, reforms have generally sought to allow debtors a fresh start while minimizing moral hazard and preserving bank solvency and credit discipline. For the corporate sector, efforts have focused on facilitating debt restruturing (including through out of court mechanisms). Direct government intervention has been rare.
Corporate Rescue
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Author : Katarzyna Gromek Broc
language : en
Publisher:
Release Date : 2004
Corporate Rescue written by Katarzyna Gromek Broc and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Bankruptcy categories.
For many years, The functioning of the single European market has made it easy for companies to establish themselves and do business throughout the European Union¿unless, that is, they failed. In that case, until recently, a company became subject To The insolvency laws of each individual country. The divergence among these laws seemed far beyond the possibility of harmonisation. During the last few years, however, a twofold development is bringing relief. First, thanks To The European Regulation on Insolvency And The UNCITRAL Model Insolvency Laws, jurisdictional issues can be resolved and determined in cases where more than one country is affected by the insolvency of a particular enterprise. Second¿and far more promising¿stated EU policy goals urging a convergence in thinking on substantive insolvency issues at the Member State level are bearing fruit in reforms that abandon extreme or unusual features and open more common ground. Spearheading these reforms are statutory corporate insolvency procedures that offer an alternative to liquidation¿procedures grouped under the heading of corporate rescue. In this book eleven outstanding European insolvency law specialists, representing both practitioners and academics, investigate significant changes in corporate rescue laws that have either already been implemented or that are on the law reform agenda. The essays include expert analyses and evaluations of corporate rescue laws in each of six EU Member States¿France, Germany, Italy, Spain, Sweden, And The United Kingdom¿as well as insightful discussions of the broader European context. Because corporate rescue is the lifeblood of insolvency law, it is likely to be this aspect that has the greatest role to play in the economic and social development of the European Union. For this reason¿and because of the obvious beneficial value of corporate rescue in ensuring fair treatment of creditors and protection of debtors, As well as in reducing the level of stigma attached to insolvency¿Corporate Rescue in Europe will be valued by company lawyers and law firms throughout Europe, and in particular to those handling bankruptcy and insolvency proceedings.
European Insolvency Law
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Author : Gerard McCormack
language : en
Publisher:
Release Date : 2017
European Insolvency Law written by Gerard McCormack and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Bankruptcy categories.
Critically analyzing 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. Using the US and Norway as comparator countries, the expert authors identify areas where disparities in national laws produce problems that have impacts outside national boundaries. They analyse these against key policy goals including; improving economic performance throughout the EU, Promoting a more competitive business environment, efficient asset allocation and building more stable and sustainable human capital in terms of support for entrepreneuers and responses to consumer overindebtedness. The book also considers possible reform and harmonisation measures situated against the wider contextual background of the Capital Markets Union and the Europe 2020 agenda of promoting jobs and growth. Discerning and practical, European Insolvency Law will appeal to academics in both insolvency and finance as well as Insolvency practitioners and lawyers. Its reform suggestions will be of interest to EU Member States' government departments as well as providing a useful reference for Consumer associations and Debt charities.
Contemporary Issues In Finance And Insolvency Law Volume 2
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Author : Leon Trakman
language : en
Publisher: Routledge
Release Date : 2022-05-30
Contemporary Issues In Finance And Insolvency Law Volume 2 written by Leon Trakman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-30 with categories.
The book evaluates international regulatory reforms directed at detecting and managing insolvency crises in financial markets. It also assesses recent, but as yet unregulated development in financial agreements, namely, the use of close-out netting provisions.
Developments In European Company Law
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Author : Rider
language : en
Publisher: Springer
Release Date : 1997-10-24
Developments In European Company Law written by Rider and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-10-24 with Business & Economics categories.
The Legal Aspects Of Bank Insolvency A Comparative Analysis Of Western Europe The United States And Canada
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Author : Eva Helene Gertrude Hüpkes
language : en
Publisher: Springer
Release Date : 2000-09-08
The Legal Aspects Of Bank Insolvency A Comparative Analysis Of Western Europe The United States And Canada written by Eva Helene Gertrude Hüpkes and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-09-08 with Business & Economics categories.
Until recent years, formal bank insolvency proceedings were rare occurrences, with governments more often than not coming to the rescue of failing banks. As a result, few studies relating to bank failure have paid much attention to the regulatory framework for failing banks and the conduct of formal bank insolvency proceedings. However, in the aftermath of the Asian financial crisis, more attention has been focused on issues of bank insolvency. Structural reforms in the banking sector of various Asian countries, in particular the implementation of effective exit rules to expel insolvent and non-viable banks from the market, have been considered of primary importance to restoring confidence in the troubled banking sector. In addition, the ability of governments within the European Union to rescue insolvent banks has been significantly limited by strict rules on competition, suggesting that failing banks will become increasingly subject to insolvency proceedings. The Legal Aspects of Bank Insolvency compares the legal framework for dealing with insolvent banks in Western Europe, the United States and Canada, identifying the distinctive features of each regime and discussing the main issues and choices in dealing with failing banks. It also examines the implications of a cross-border bank insolvency, and considers different approaches to the problems it raises, including the supranational approach of the proposed European Directive on the Reorganization and Winding-up of Credit Institutions. This work will be of value to lawmakers, to consultants and scholars engaged in technical assistance work, and to those who advise the legislators and officials involved in devising a legal framework for bank insolvency. It will also be of interest to practitioners and in-house counsel working in the field of banking and corporate law.