Uncitral Legislative Guide on Insolvency Law


Book Description

Introduction to part three -- General features of enterprise groups -- Addressing the insolvency of enterprise groups: Domestic issues -- Addressing the insolvency of enterprise groups: International issues -- Decision of the United Nations commission on international trade law on part three and general assembly resolution 65/24




Insolvency and the Conduct of Directors


Book Description

This report by the Northern Ireland Audit Office examines the effectiveness of Insolvency Service arrangements for administering the legislation on the disqualification of company directors of insolvent companies on the grounds of unfit conduct (including negligence, incompetence or lack of commercial integrity). Conclusions of the report include that there is scope for the Insolvency Service to improve: the performance management of practitioners (both Official Receiver staff and insolvency practitioners) by actively monitoring the number of submissions not filed on time and enforcing targets; the monitoring framework to ensure evidence of unfit conduct is assessed in a consistent manner; and communication arrangements with company directors and dissemination of key information, including drawing up a joint action plan with other parts of the Department of Enterprise, Trade and Investment.




European Insolvency Law


Book Description

Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.




Equity and Administration


Book Description

What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.




Orderly and Effective Insolvency Procedures


Book Description

Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.




Directors' Powers and Duties


Book Description

This book provides practitioners and students with a full treatment of one of the most important and complex aspects of company law, directors' powers and duties. Of all the areas of company law, directors' powers and duties is among the least accessible from the statute (i.e. Companies Act 1993). Behind the statute, is a long and very complex history of equitable and common law case law, most of which remains applicable in New Zealand. This book also contains short summaries of leading cases which is very useful both for students and practitioners.




Legislative Guide on Insolvency Law


Book Description

This publication seeks to assist the establishment of a legal framework for an efficient and effective national corporate insolvency regime which strikes a balance between the financial difficulties of debtors and the interests of creditors and other relevant parties, as well as addressing public policy concerns. The text of this draft legislative guide was adopted by UNCITRAL in June 2004 and approved by UN General Assembly resolution 59/40 in December 2004.




Corporate Insolvency Law


Book Description

Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.




Insolvency Law


Book Description

Covering the subject of insolvency law, this text contains detailed academic analysis where necessary and also covers areas of debate and controversy in the subject. Insolvency is set in its social, economic and historical context and brief extracts for judgements and statutes are given.




Directors' Disqualification


Book Description