The European Restructuring Directive
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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.
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
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.
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.
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.
Research Handbook On Corporate Restructuring
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Author : Omar, Paul J.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-08-27
Research Handbook On Corporate Restructuring written by Omar, Paul J. 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 2021-08-27 with Law categories.
This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.
Commentary On The European Insolvency Regulation
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Author : Chair of Civil Procedure Law Reinhard Bork
language : en
Publisher: Oxford University Press, USA
Release Date : 2022-02-03
Commentary On The European Insolvency Regulation written by Chair of Civil Procedure Law Reinhard Bork and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-03 with categories.
This second edition of the leading commentary on the European Insolvency Regulation reflects the impact of Brexit and the European Restructuring Directive. It continues to be a vital reference work for all those researching and advising European insolvency law.
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.
Restructuring In The New Eu Member States
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Author : Marie-Ange Moreau
language : en
Publisher: Peter Lang
Release Date : 2008
Restructuring In The New Eu Member States written by Marie-Ange Moreau and has been published by Peter Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Business & Economics categories.
This book presents a series of extremely stimulating analyses of the process of corporate restructuring in the new Member States of the EU. Particularly noteworthy is the book's focus on the Central and Eastern European Countries (CEECs) that have joined the EU since 2004, an area which has not been prominent in the research on corporate restructuring conducted in Western Europe in the last twenty years. As with their Asian counterparts, these States have generally been perceived as a threat to employment in Western Europe due to the former's benefiting from outsourcing away from the latter. By moving east, the book allows for a different perspective on the restructuring process, by placing it in the context of both Europe and the numerous changes affecting the CEECs. The book seeks to understand the impact of European- and national-level policies on the concept of restructuring, the role of the «acquis communautaire», and the place of social and political actors in the process of change in the context of new Member States, where multinational firms have developed mobility and establishment strategies within the context of broader European and global ones. The density of this collection, its wealth in terms of substantive teachings, and its use of a comparative and multidisciplinary approach that links law, political science, sociology and economics make it an essential resource for those wishing to understand restructuring in the European space after the enlargements of 2004 and 2007 and the impact of European policies and the European Social Model.