Rescuing Companies In England And Germany
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Rescuing Companies In England And Germany
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Author : Reinhard Bork
language : en
Publisher: OUP Oxford
Release Date : 2012-03-08
Rescuing Companies In England And Germany written by Reinhard Bork and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-08 with Law categories.
This book examines the circumstances under which a company needs restructuring, and for which companies that would be possible given the nature of the corporation and the economic viability. It discusses the criteria for judging whether a reorganization has been a success. Bork considers the legal mechanisms involved in restructuring including the extent to which the law provides the rules for a moratorium and the rights creditors may exercise over the debtor's assets. It also tackles the legal processes and how a reorganization can be commenced. The book includes analysis of the role of management and the partners or shareholders and the extent to which either legal system assigns the decision-making powers to the right persons. It considers how each regime deals with the assets involved and whether there are rules to reverse payments made during the crisis and the possibility of a set-off claim. Other aspects considered include special rules for terminating or modifying disadvantageous contracts including contracts of employment, and costs of restructuring procedures under given legal conditions. Providing a thorough consideration of the extent to which English and German company law (including the proposed changes to German law) enhances or limits the prospects of businesses seeking to reorganize, this work offers a valuable reference source for practitioners advising companies on where to base their restructuring and gives scholars further research material concerning the remaining issues in English and German restructuring law.
Promoting An Effective Rescue Culture With Debt Equity Swaps
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Author : Annika Wolf
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2015
Promoting An Effective Rescue Culture With Debt Equity Swaps written by Annika Wolf and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Comparative Law: Civil and Commercial Law categories.
The central question of this thesis is whether the restructuring instrument of a debt-equity swap pursuant to 225a InsO has contributed towards the making of substantial progress towards a rescue culture in Germany - following the English rescue culture - and thereby strengthened the competitiveness of Germany as a location for restructurings. The comparative analysis discusses the economic, cultural and legal frameworks to implement debt-equity-swaps under German and English law. It specifically addresses the implementation of a (solvent) scheme of arrangement for financial restructuring, which has been a very popular instrument in recent years for German companies, however, it also raises questions about the recognition of the scheme's effect in Germany. Finally, there is discussion of the extent to which the new insolvency norms are suitable to solve conflicts in corporate law.
Rescue Of Business In Europe
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Author : Bob Wessels
language : en
Publisher: Oxford University Press
Release Date : 2020-01-30
Rescue Of Business In Europe written by Bob Wessels 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 2020-01-30 with Law categories.
This edited volume is based on the European Law Institute's project, The Rescue of Business in Insolvency Law, which ran from 2013 to 2016. The project sought to investigate and articulate the essential features of well-functioning procedures for the "rescue" of distressed but viable businesses. Although the focus was primarily on the design and implementation of formal procedures (that is, those provided by law), the project also required consideration of the interaction between such procedures and informal solutions to distress, given the obvious cost advantages of the latter. The ELI project was not confined exclusively to restructurings, since these are only one possible route to maximising the value of a distressed but viable business (an auction procedure, in which the business is sold on a going concern basis to a new owner, is one obvious alternative). The ELI project encompasses various aspects of both public/constitutional law and insolvency law that may have a bearing on the functionality of formal restructuring procedures.
The Fortnightly Review
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Author :
language : en
Publisher:
Release Date : 1890
The Fortnightly Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1890 with Great Britain categories.
Fortnightly Review
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Author :
language : en
Publisher:
Release Date : 1890
Fortnightly Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1890 with categories.
The Fortnightly
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Author :
language : en
Publisher:
Release Date : 1890
The Fortnightly written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1890 with categories.
Freedom Of Establishment Versus Creditor Risk In Germany A Clash Of Principles
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Author : Renate Eichin
language : en
Publisher: diplom.de
Release Date : 2007-01-11
Freedom Of Establishment Versus Creditor Risk In Germany A Clash Of Principles written by Renate Eichin and has been published by diplom.de this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-11 with Business & Economics categories.
Inhaltsangabe:Abstract: The aim of this dissertation is to analyse the potential clash of the principle of free establishment and the creditor protection principles in Germany. It researches the position of unsecured creditors of insolvent pseudo-foreign companies following the rulings of the European Court of Justice in Segers, Centros, Überseering and Inspire Art with the focus on German creditors of companies with limited liability incorporated in England and Wales. Research is carried out through reviewing and analysing academic and professional opinions voiced concerning the applicability, restricted or non-applicability of specific German creditor protection instruments following the ECJ rulings considering that the law of the country of incorporation governs foreign companies. European case law defining the current understanding of the fundamental freedom of establishment is reviewed and contrasted with subsequent rulings by German courts involving insolvent English companies. The result of the analysis shows that the number of English limited companies (Limited) is still relatively insignificant compared to the total number of German GmbH companies. Limiteds don't seem to replace the GmbH and don't yet present a threat to the German economy. Questionable is the accuracy and completeness of company information a German creditor can obtain. The main reason is the lack of a formalized or regulatory information process between the company registers of England and Germany. Based on the research performed it can be concluded that the principles of creditor protection in Germany differ greatly from those applied in England. The German creditors can no longer rely on the applicability of German creditor protection instruments and face legal uncertainties. In Germany the majority of creditor protection instruments are part of company law, in England they are part of insolvency laws. The European Insolvency Regulation is not specific enough to solve these uncertainties and can even aid forum shopping. Until further clarifications are provided by the ECJ through appropriate case law the situation will remain highly unsatisfactory for the German creditor. Inhaltsverzeichnis:Table of Contents: Introduction1 Literature Review12 Freedom of Establishment - Articles 43 and 48 EC12 German Creditor Protection and Articles 43 and 48 EC16 I.Duty to file insolvency proceedings21 II.Equity Capital Maintenance and Replacement25 III.Destroying a [...]
Passing Wealth On Death
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Author : Alexandra Braun
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-07-28
Passing Wealth On Death written by Alexandra Braun and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-28 with Law categories.
Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes from a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.
Corporate Finance For Lawyers
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Author : Rolef de Weijs
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-02-14
Corporate Finance For Lawyers written by Rolef de Weijs 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 2023-02-14 with Law categories.
Corporate Finance for Lawyers explores the intricate relationship between law and corporate finance. Utilising the ‘Financial Mindmap’ throughout, chapters depict financial concepts by using colours and visualisations in a clear and intuitive manner.
The Rescue Of Germany
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Author : Garet Garrett
language : en
Publisher:
Release Date : 1931
The Rescue Of Germany written by Garet Garrett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1931 with Debts, Public categories.
