Bank Insolvency Law in Developing Economies, Raj, G.R. Arun Ikbal, N.K.M. Kumar, D. Suresh
Автор: Finch Vanessa Название: Corporate Insolvency Law ISBN: 1107629551 ISBN-13(EAN): 9781107629554 Издательство: Cambridge Academ Рейтинг: Цена: 9346.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This new edition builds on the unique analytical framework from previous editions, outlining the values to be served and the need to further both corporate and broader social ends. Offering a new and contextual approach to corporate insolvency laws and processes, this text is suitable for advanced undergraduate and graduate students, professionals and academics.
Описание: This book examines the outcomes of the economic law reforms in Asian developing countries, guided by the leading international development financiers such as the World Bank and the Asian Development Bank.
The legal meaning of bankruptcy and insolvency law has often remained elusive, even to practitioners and scholars in the field, despite having been enshrined in Canada’s Constitution since Confederation. Federal jurisdiction in this area must be measured against provincial powers over property and civil rights, among others. Debt and Federalism traces changing conceptions of the bankruptcy and insolvency power through four landmark cases that form the constitutional foundation of the Canadian bankruptcy system: the 1894 Voluntary Assignments Case, Royal Bank of Canada v Larue in 1928, the 1934 Companies' Creditors Arrangement Act Reference Case, and the 1937 Farmers' Creditors Arrangement Act Reference Case. Together, these decisions ultimately produced the bedrock for modern understandings of bankruptcy and insolvency law. Thomas G.W. Telfer and Virginia Torrie draw on archival and legal sources to analyze the decisions from a historical and doctrinal perspective. This astute book demonstrates that the legal changes introduced by these landmark cases underpin contemporary bankruptcy and insolvency law and scholarship.
The legal meaning of bankruptcy and insolvency law has often remained elusive, even to practitioners and scholars in the field, despite having been enshrined in Canada’s Constitution since Confederation. Federal jurisdiction in this area must be measured against provincial powers over property and civil rights, among others. Debt and Federalism traces changing conceptions of the bankruptcy and insolvency power through four landmark cases that form the constitutional foundation of the Canadian bankruptcy system: the 1894 Voluntary Assignments Case, Royal Bank of Canada v Larue in 1928, the 1934 Companies' Creditors Arrangement Act Reference Case, and the 1937 Farmers' Creditors Arrangement Act Reference Case. Together, these decisions ultimately produced the bedrock for modern understandings of bankruptcy and insolvency law. Thomas G.W. Telfer and Virginia Torrie draw on archival and legal sources to analyze the decisions from a historical and doctrinal perspective. This astute book demonstrates that the legal changes introduced by these landmark cases underpin contemporary bankruptcy and insolvency law and scholarship.
Автор: Canuto & Liu Название: Until Debt Do Us Part ISBN: 0821397664 ISBN-13(EAN): 9780821397664 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 6653.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: With decentralisation and urbanisation, the debts of state and local governments and of quasi-public agencies have grown in importance. Rapid urbanisation in developing countries requires large-scale infrastructure financing to help absorb influxes of rural populations. Borrowing enables state and local governments to capture the benefits of major capital investments immediately and to finance infrastructure more equitably across multiple generations of service users. <br><br>With debt comes the risk of insolvency. Subnational debt crises have reoccurred in both developed and developing countries. Restructuring debt and ensuring its sustainability confront moral hazard and fiscal incentives in a multilevel government system; individual subnational governments might free-ride common resources, and public officials at all levels might shift the cost of excessive borrowing to future generations. <br><br>This book brings together the reform experiences of emerging economies and developed countries. Written by leading practitioners and experts in public finance in the context of multilevel government systems, the book examines the interaction of markets, regulators, subnational borrowers, creditors, national governments, taxpayers, ex-ante rules, and ex-post insolvency systems in the quest for subnational fiscal discipline.<br><br>Such a quest is intertwined with a country's historical, political, and economic context. The formal legal framework interacts with political reality to influence the dynamics of and incentives for reform. Often, the resolution of a subnational debt crisis unfolds in the context of macroeconomic stabilisation and structural reforms. <br><br>The book includes reforms that have not been covered by previous literature, such as those of China, Colombia, France, Hungary, Mexico, and South Africa. The book also presents a comprehensive review of how the United States developed its debt market for state and local governments, through a series of reforms that are path dependent, including the reforms and lessons learned following state defaults in the 1840s and the debates that shaped the enactment of Chapter 9 of the Bankruptcy Code in 1937. <br><br>Looking forward, pressures on subnational finance are likely to continue-from the fragility of global recovery, the potentially higher cost of capital, refinancing risks, and sovereign risks. This book is essential reading for anyone wanting to know the challenges and reform options in debt restructuring, insolvency frameworks, and public debt market development.
Автор: Tollenaar Nicolaes Название: Pre-Insolvency Proceedings ISBN: 0198799926 ISBN-13(EAN): 9780198799924 Издательство: Oxford Academ Рейтинг: Цена: 17820.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This timely new work evaluates the law regarding pre-insolvency proceedings. 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.
Автор: Omar P. Название: International Insolvency Law ISBN: 0754674827 ISBN-13(EAN): 9780754674825 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and conduct of business in more than one jurisdiction. It is largely an offspring of globalization. Paul Omar examines the development of domestic rules dealing with cross-border instances and the many international projects in the field.
Автор: Platon Monokroussos; Christos Gortsos Название: Non-Performing Loans and Resolving Private Sector Insolvency ISBN: 331950312X ISBN-13(EAN): 9783319503127 Издательство: Springer Рейтинг: Цена: 19564.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the issue of private sector over-indebtedness following the recent financial crisis.
Автор: Trakman, Leon (unsw Sydney, Australia) Walters, Robert (victoria University, Australia) Название: Contemporary issues in finance and insolvency law volume 1 ISBN: 1032318813 ISBN-13(EAN): 9781032318813 Издательство: Taylor&Francis Рейтинг: Цена: 5511.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This two-volume work reviews why we should internationalise current cross border insolvency and how we could restructure laws to address inadequacies.
Автор: Bork, Reinhard (Chair for Civil Procedure Law, Chair for Civil Procedure Law, UniversitAt Hamburg) Mangano, Renato (Chair for Commercial Law, Chair for Commercial Law, Palermo University) Название: European Cross-Border Insolvency Law ISBN: 0198854099 ISBN-13(EAN): 9780198854098 Издательство: Oxford Academ Рейтинг: Цена: 26961.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book analyses Regulation (EU) 2015/848 on Insolvency Proceedings (EIR), recasting Regulation (EU) 1346/2000, and related sources of law regulating intra-member state cross-border insolvency. The new edition analyses the application of the Recast Regulation, Brexit, and the Directive (EU) 2019/1023 on preventive restructuring and insolvency.
Описание: This book provides the first comprehensive treatment of creditor priority in European bank insolvency law.Following reform in the wake of the global financial crisis, EU law requires that Member States have in place bank-specific insolvency frameworks. Creditor priority—the order in which different creditors bear losses should a bank fail—differs substantially between bank-specific and general insolvency law. The bank-specific creditor priority framework aims to ensure that banks can enter insolvency proceedings without disrupting financial stability.The book provides a systematic and thorough account of the Bank Recovery and Resolution Directive and other EU legislation that governs creditor priority in bank resolution and liquidation proceedings, and their interaction with national law. The framework is analysed from several perspectives, including comparison with creditor priority in English, German and Norwegian general insolvency law. Moreover, the book places the evolution of the framework and its justifications within the broader post-crisis shifts in bank regulation, and critically examines the assumptions that underlie these developments. Finally, the book discusses how this area of law could evolve in the future.
Автор: David Pollard Название: Connected and Associated: Insolvency and Pensions Law ISBN: 1526519593 ISBN-13(EAN): 9781526519597 Издательство: Bloomsbury Academic Рейтинг: Цена: 22176.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Connected and Associated: Insolvency and Pensions Law discusses, in detail, the meaning and scope of the ‘connected’, ‘associated’ and ‘control’ tests used in the Insolvency Act 1986. These are in sections 249 and 435, and are incorporated by reference in pensions legislation. It also looks at the linked connected person test in The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021.
Connected and Associated: Insolvency and Pensions Law will help you to:
- Decide whether a person is connected or associated with another under the insolvency test for the purposes of preferences, transactions at an undervalue, or voting in creditor meetings
- Decide whether there is a risk of falling within the potential target net for a contribution notice or financial support direction under the moral hazard powers of the Pensions Regulator in the Pensions Act 2004
- Check whether an investment by a pension scheme is within the limits on employer-related investment under the Pensions Act 1995
- Work out when a disposal by an administrator will be to a connected person
- Work out who satisfies the independence test for an evaluator
- Deal with connected person voting majorities in a creditor vote in a CVA and a Part A1 Moratorium
- Understand the implications of the Administration (Restriction on Disposal etc. to Connected Persons) Regulations 2021
Written by David Pollard, one of the leading experts in this field, this is the only in-depth review of the complex test for connected or associated persons and, as such, is an essential title for insolvency and pension lawyers, litigators, pension trustees, employers, investors, lenders and their advisers.
David Pollard is a leading and highly experienced lawyer in the insolvency and pensions fields and in related areas. He is a barrister, practising from Wilberforce Chambers in Lincoln’s Inn, and previously practised for 37 years as a solicitor in London and Singapore. David's practice focuses on pensions law; insolvency law and; employment law (involving pensions). He was Chairman of the Association of Pension Lawyers (APL) from 2001 to 2003 and has been a vice chair of the Industrial Law Society.
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