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Rescue of Business in Europe

2020-01-30 Law
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Release : 2020-01-30
Genre : Law
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Book Rating : 12X/5 ( reviews)

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Book Synopsis Rescue of Business in Europe by : Gert-Jan Boon

Download or read book Rescue of Business in Europe written by Gert-Jan Boon. This book was released on 2020-01-30. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.

Rescue of Business in Europe

2020 Bankruptcy
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Release : 2020
Genre : Bankruptcy
Kind : eBook
Book Rating : 274/5 ( reviews)

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Book Synopsis Rescue of Business in Europe by : B. Wessels

Download or read book Rescue of Business in Europe written by B. Wessels. This book was released on 2020. Available in PDF, EPUB and Kindle. Book excerpt: 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.--

Corporate Rescue

2004 Bankruptcy
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Release : 2004
Genre : Bankruptcy
Kind : eBook
Book Rating : 233/5 ( reviews)

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Book Synopsis Corporate Rescue by : Katarzyna Gromek Broc

Download or read book Corporate Rescue written by Katarzyna Gromek Broc. This book was released on 2004. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The EU Recommendation on Business Rescue - Only Another Statement Or a Cause for Legislative Action Across Europe?

2015
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Release : 2015
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Book Synopsis The EU Recommendation on Business Rescue - Only Another Statement Or a Cause for Legislative Action Across Europe? by : Stephan Madaus

Download or read book The EU Recommendation on Business Rescue - Only Another Statement Or a Cause for Legislative Action Across Europe? written by Stephan Madaus. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: On March 12, 2014 the European Commission presented a "Recommendation on a New Approach to Business Failure and Insolvency" that is has two major objectives. The Commission wants to ensure that viable enterprises in financial difficulties, wherever they are located in the Union, have access to national insolvency frameworks which enable them to restructure at an early stage with a view to preventing their insolvency, and therefore maximize the total value to creditors, employees, owners and the economy as a whole. The Recommendation also aims at giving honest bankrupt entrepreneurs a second chance across the Union. The paper explains and discusses the Recommendation and its fallout.

The European Rescue of the Nation-state

2000 Business & Economics
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Release : 2000
Genre : Business & Economics
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Book Rating : 296/5 ( reviews)

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Book Synopsis The European Rescue of the Nation-state by : Alan S. Milward

Download or read book The European Rescue of the Nation-state written by Alan S. Milward. This book was released on 2000. Available in PDF, EPUB and Kindle. Book excerpt: Newly revised and updated, this second edition is the classic economic and political account of the origins of the European Community book offers a challenging interpretation of the history of the western European state and European integration.

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