Implementation Of The Eu Preventive Restructuring Directive
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Implementation Of The Eu Preventive Restructuring Directive
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Author : Harold Koster
language : en
Publisher:
Release Date : 2024-02-26
Implementation Of The Eu Preventive Restructuring Directive written by Harold Koster and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-26 with Law categories.
In 2019, the European Parliament and the Council adopted the Preventive Restructuring Directive (2019/1023), providing for minimum harmonisation of, among others, preventive restructuring frameworks (PRF). This book provides in-depth analyses of its implementation in seven European countries: Austria, Denmark, France, Germany, Greece, The Netherlands, and the United Kingdom. Whereas Member States of the European Union were under a duty to complete implementation by July 2022, the United Kingdom took inspiration from it when voluntarily introducing reforms to its restructuring regime. This book covers detailed analyses of the new or reformed PRFs across Europe, including the objective and scope of a PRF, the criteria/test to enter a PRF, the involved actors, the possibilities for a stay, the plan, the possibilities for a debt-for-equity swap, the effects of a PRF on executory contracts and jurisdiction and recognition of court decisions taken during a PRF. Drawing on the domestic implementations, the book also presents a comparative study evaluating the different policy options implemented by domestic legislators. This book functions as an insightful source for practitioners, academics and policy makers. This book series is published under the aegis of the Leiden Business and Law Research Network (BLRN). This research and expertise network conducts research on the various aspects of doing business in the context of company and insolvency law. BLRN pays particular focus on topics such as corporate governance, corporate sustainability, mergers and acquisitions, and restructuring and insolvency. www.universiteitleiden.nl/blrn
Implementation Of The Eu Preventive Restructuring Directive
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Author :
language : en
Publisher:
Release Date : 2023
Implementation Of The Eu Preventive Restructuring Directive written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
Restructuring And Insolvency In Europe Policy Options In The Implementation Of The Eu Directive
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Author : Jose M Garrido
language : en
Publisher: International Monetary Fund
Release Date : 2021-05-27
Restructuring And Insolvency In Europe Policy Options In The Implementation Of The Eu Directive written by Jose M Garrido 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 2021-05-27 with Business & Economics categories.
The Directive on Restructuring and Insolvency sets minimum standards for restructuring and certain insolvency matters, but its harmonization effect will be limited given multiple options for implementation, likely leading to divergent restructuring models in Europe. These options reveal different policy approaches to the regulation of restructuring and insolvency. The analysis in this paper aims to illustrate the breadth of the policy choices and their consequences for restructuring activity. States should carefully design restructuring procedures to avoid the negative economic effects of certain options that could undermine creditors’ rights or result in unpredictable outcomes, particularly in cross-border cases.
The European Restructuring Directive
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Author : Gerard McCormack
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-04-30
The European Restructuring Directive written by Gerard McCormack 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.
This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.
European Preventive Restructuring
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Author : Christoph G. Paulus
language : en
Publisher:
Release Date : 2020-09-30
European Preventive Restructuring written by Christoph G. Paulus and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-30 with categories.
European Preventive Restructuring
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Author : Christoph G Paulus
language : en
Publisher: Beck/Hart/Nomos
Release Date : 2021-05-20
European Preventive Restructuring written by Christoph G Paulus and has been published by Beck/Hart/Nomos this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-20 with Law categories.
The European Directive (Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2020 on preventive restructuring frameworks, on discharge of debts and disqualification, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt) has to be transposed into national legislation by 26 June 2021. The main features of the Directive are: - the obligatory making available of early warning systems; - the obligatory creation of an insolvency avoidance mechanism; - the determination of certain insolvency related officers' duties; - the uniformisation of discharge rules among member states; and - measures to increase the national insolvency laws' efficiency In this book a team of European-wide recognised, experienced insolvency law experts, some of whom had been involved in the drafting process of the Directive, analyse the Directive. The authors focus not only on the officials tasked in the national surroundings with drafting the national statutes but also on the wider implications which, one way or the other, will be national law. The commentary, thus, serves also the purposes of practitioners and judges in the field of restructuring.
Investing In Distressed Debt In Europe
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Author : Ignacio Buil Aldana
language : en
Publisher:
Release Date : 2023-07-31
Investing In Distressed Debt In Europe written by Ignacio Buil Aldana and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-31 with categories.
Throughout the COVID-19 pandemic, opportunities for distressed-debt investors continued to appear in the European market despite high numbers of state-backed loans and financial injections from EU member states. Such opportunities are set to increase significantly as this financial assistance is gradually withdrawn, and especially in light of the EU Directive 1023/2019 on Preventive Restructuring (the 'Restructuring Directive'), which gives a more central role to distressed creditors who will benefit from more flexible pre-insolvency instruments with a broader scope.This second edition, co-published with TMA Europe, provides an overview of the European distressed-debt market and covers, among other topics: non-performing loans;direct lending; andrestructuring and workouts.It explores these subjects from a pan-European viewpoint and includes a comprehensive analysis of how the Restructuring Directive has been implemented. Chapters have been written by leading experts in the field, supported by consulting editors Ignacio Buil Aldana and Patricia Alvarez Alonso, partners in the restructuring, insolvency and special situations team at the London office of Spanish law firm Cuatrecasas.Whether you are a lawyer in private practice or in-house, a financial adviser or an investor, this practical guide will provide you with invaluable insight and a better understanding of the commercial and legal complexities involved in the European distressed-debt market.
Cross Border Mergers
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Author : Thomas Papadopoulos
language : en
Publisher: Springer Nature
Release Date : 2019-09-28
Cross Border Mergers written by Thomas Papadopoulos and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-28 with Law categories.
This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses the practicalities of EU harmonization of cross-border mergers, linking it to corporate restructuring in general, while also taking the transposition of the directive into account. Exploring specific angles of the Cross-border Mergers Directive in the light of European and national company law, the book is divided into three sections: the first section focuses on EU and comparative aspects of the Cross-border Mergers Directive, while the second examines the interaction of the directive with other areas of law (capital markets law, competition law, employment law, tax law, civil procedure). Lastly, the third section describes the various member states’ experiences of implementing the Cross-border Mergers Directive.
Best Practices In European Restructuring
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Author : Lorenzo Stanghellini
language : en
Publisher:
Release Date : 2018
Best Practices In European Restructuring written by Lorenzo Stanghellini and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Pre Insolvency Proceedings
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Author : Nicolaes Tollenaar
language : en
Publisher:
Release Date : 2019
Pre Insolvency Proceedings written by Nicolaes Tollenaar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with LAW categories.
This timely new work evaluates the law regarding pre-insolvency proceedings, and in particular, the terms of the 2017 EU Directive. Setting the law in context, the book provides a conceptual framework for ideal practice, illustrating the implications of the new regime with specific practical examples.