Relevant bibliographies by topics / Insolvency legislation

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Insolvency legislation'

Author: Grafiati
Published: 4 June 2021
Last updated: 18 February 2022

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Journal articles on the topic "Insolvency legislation"

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Evans, Roger G. "Legislative Exclusions or Exemptions of Property from the Insolvent Estate." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 5 (June 8, 2017): 38. http://dx.doi.org/10.17159/1727-3781/2011/v14i5a2598.

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The general policy in South African insolvency law is that assets must be recovered and included in the insolvent estate, and that this action must be to the advantage of the creditors of the insolvent estate. But there are several exceptions to this rule and an asset that is the subject of such an exception may be excluded from the insolvent estate. The Insolvency Act, however, does not expressly distinguish between excluded and exempt assets, thereby resulting in problem areas in the field of exemption law in insolvency in South Africa. It may be argued that the fundamental difference between excluded and exempt assets is that excluded assets should never form part of an insolvent estate and should be beyond the reach of the creditors of the insolvent estate, while exempt assets initially form part of the insolvent estate, but in certain circumstances may be exempted from the estate for the benefit of the insolvent debtor, thereby allowing the debtor to use such excluded or exempt assets to start afresh before or after rehabilitation. Modern society, socio-political developments and human rights requirements have necessitated a broadening of the classes of assets that should be excluded or exempted from insolvent estates. This article considers assets excluded from the insolvent estates of individual debtors by legislation other than the Insolvency Act. It must, however, be understood that these legislative provisions relate to insolvent estates and thus generally overlap in one way or another with some provisions of the Insolvency Act.
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Madaus, Stephan, and F. Javier Arias. "Emergency COVID-19 Legislation in the Area of Insolvency and Restructuring Law." European Company and Financial Law Review 17, no. 3-4 (September 14, 2020): 318–52. http://dx.doi.org/10.1515/ecfr-2020-0018.

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The appearance of the COVID-19 in Europe has prompted lawmakers to introduce public health measures that inevitably hurt the economy by reducing economic activity and business revenues. The foreseeable risk that the pandemic could be followed immediately by a bankruptcy epidemic led to the adoption of rules related to insolvency and restructuring laws in emergency legislation in most European countries. These rules aim at avoiding businesses to become insolvent either by suspending insolvency tests (see II.) or by providing cash support and debt moratoria (see III.). They may also contain measures that indirectly affect insolvency and restructuring proceedings (see IV.). This paper explains the logic behind emergency legislation and the specific rules adopted in European countries.
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Keay, Andrew. "THE HARMONIZATION OF THE AVOIDANCE RULES IN EUROPEAN UNION INSOLVENCIES." International and Comparative Law Quarterly 66, no. 1 (November 16, 2016): 79–105. http://dx.doi.org/10.1017/s0020589316000518.

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AbstractCross-border transactions and resultant legal proceedings often cause problems. One major problem is knowing which law should govern the transaction and any legal proceedings. Cross-border insolvencies in the EU are subject to the European Regulation on Insolvency Proceedings (EIR) but this legislation does not determine which substantive insolvency law rules apply in a given insolvency. There are many differences in the insolvency rules applicable in the various EU Member States and this has caused concern in relation to the avoidance of transactions entered into by an insolvent prior to the opening of insolvency proceedings. In light of this, the paper examines options to address divergence between national avoidance rules. One option, harmonization, is analysed as well as its possible benefits and drawbacks.
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Rudenko, L. D., and M. D. Zhitelny. "Grounds for initiating proceedings in the case of insolvency of an individual." Legal horizons, no. 24 (2020): 47–52. http://dx.doi.org/10.21272/legalhorizons.2020.i24.p46.

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The article specifies the grounds for initiating proceedings in the case of insolvency of an individual on the basis of a comprehensive comparative analysis of foreign experience, scientific literature, national legislation and practice of its application. Based on the analysis of the legislation and case law, it is noted that the Bankruptcy Code does not clearly define the term "threat of insolvency". Article 115 of the Code states that the threat of insolvency includes circumstances that confirm that in the near future the debtor will not be able to meet its monetary obligations or make normal current payments. It is argued that the lack of definition of "threat of insolvency" in the Code is a shortcoming of current legislation, and therefore this rule needs to be clarified in terms of confirming the inability of the debtor to meet financial obligations, the terms of default. It is proposed to define "threat of insolvency" as a set of documented legal grounds that indicate the inability of the debtor to meet its own financial obligations or make regular financial payments over the next two months. The expediency of determining in Article 115 of the Bankruptcy Procedure Code an exclusive list of grounds for initiating insolvency proceedings against an individual is argued. Consolidation in Art. 115 of the Code of the inexhaustible list complicates law enforcement as provides a possibility of application of norms of other regulatory legal acts; provides wide discretion to the court, which creates conditions for the abuse of procedural rights for both participants in the bankruptcy proceedings and judges. The peculiarities of initiating proceedings to restore the solvency of an individual are specified: only the debtor himself may apply to the court to declare an individual insolvent. In order to reduce the financial burden on an insolvent individual in the implementation of bankruptcy proceedings, it is proposed to give the creditor the right to initiate legal proceedings for the insolvency of such a person.
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Mabe, Zingapi. "Setting aside Transactions from Pyramid Schemes as Impeachable Dispositions under South African Insolvency Legislation." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (October 21, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1236.

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South African courts have experienced a rise in the number of cases involving schemes that promise a return on investment with interest rates which are considerably above the maximum amount allowed by law, or schemes which promise compensation from the active recruitment of participants. These schemes, which are often referred to as pyramid or Ponzi schemes, are unsustainable operations and give rise to problems in the law of insolvency. Investors in these schemes are often left empty-handed upon the scheme’s eventual collapse and insolvency. Investors who received pay-outs from the scheme find themselves in the defence against the trustee’s claims for the return of the pay-outs to the insolvent estate. As the schemes are illegal and the pay-outs are often in terms of void agreements, the question arises whether they can be returned to the insolvent estate. A similar situation arose in Griffiths v Janse van Rensburg 2015 ZASCA 158 (26 October 2015). The point of contention in this case was whether the illegality of the business of the scheme was a relevant consideration in determining whether the pay-outs were made in the ordinary course of business of the scheme.This paper discusses pyramid schemes in the context of impeachable dispositions in terms of the Insolvency Act 24 of 1936.
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Ershova, Inna Vladimirovna, Tatiana Petrovna Shishmareva, Ekaterina Evgenievna Enkova, Olga Viktorovna Sushkova, and Sergey Sergeevich Galkin. "Reforming Russian legal mechanisms for the rehabilitation of the debtor through the prism of comparative studies." SHS Web of Conferences 118 (2021): 01006. http://dx.doi.org/10.1051/shsconf/202111801006.

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The purpose of this study is to formulate the main elements of the legal model for reforming the Russian insolvency legislation based on the analysis of regulatory decisions of foreign legal orders, where the idea of the sanation of the debtor and its enterprise is successfully implemented. Comparative-legal and sociological methods of scientific cognition were used as a methodological basis. The results of the work were the analysis of the experience of the United States and Germany, the legislation of which contains effective models for resolving the conflict between the debtor and its creditors within the framework of sanation. In addition, the authors formulated and substantiated the conclusion regarding the urgent need to change the Russian concept of insolvency legislation through the transition from the liquidation of insolvent entities, mainly to the sanation of debtors or its enterprises. The authors also proposed key elements of a possible legal model for such reform, including establishing a unified restructuring competitive procedure for debtors – legal entities; preserving the powers of the debtor in the course of this procedure to handle its corporate management; solving the most significant issues of the restructuring procedure mainly by reaching an agreement between the main participants in the procedure – the debtor, the beneficiaries of the debtor and various classes of creditors. The novelty of the work lies in formulating the problem and substantiating the requirement to transform the Russian legal mechanisms for the rehabilitation of the insolvent debtor, taking into account the legal solutions presented, first of all, in American and German insolvency legislation.
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Mba, Sanford U. "Preventive Debt Restructuring and the Nigerian Draft Insolvency Legislation: Lessons from a Comparative Perspective." African Journal of International and Comparative Law 28, no. 1 (February 2020): 66–84. http://dx.doi.org/10.3366/ajicl.2020.0302.

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Recently, the Nigerian Senate passed the Bankruptcy and Insolvency (Repeal and Re-enactment) Bill. This is no doubt a welcome development following the continued demand by insolvency practitioners, academics and other stakeholders for such legislation. The call has not only been for the enactment of just about any legislation, but (consistent with the economic challenges faced by businesses in the country), one that is favourably disposed to the successful restructuring of financially distressed businesses, allowing them to weather the storm of (impending) insolvency, emerge from it and continue to operate within the economy. This article seeks to situate this draft legislative instrument within the present wave of preventive restructuring ably espoused in the European Union Recommendation on New Approaches to Business Rescue and to Give Entrepreneurs a Second Chance (2014), which itself draws largely from Chapter 11 of the US Bankruptcy Code. The article draws a parallel between the economic crisis that gave rise to the preventive restructuring approach of the Recommendation and the present economic situation in Nigeria; it then examines the chances of such restructuring under the Nigerian draft bankruptcy and insolvency legislation. It argues in the final analysis that the draft legislation does not provide for a prophylactic recourse regime for financially distressed businesses. Consequently, a case is made for such an approach.
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Ovchinnikov, A. V. "The Ways to Correct System Errors in the Insolvency Trustees Training." Vestnik NSUEM, no. 4 (December 29, 2019): 197–207. http://dx.doi.org/10.34020/2073-6495-2019-4-197-207.

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The steady increase in the size of compensation for damage caused by insolvency trustees while they performing professional duties is not only a result of stricting legislation, but may be a direct result of the decline in the professional level of by insolvency trustees. The author analyzes the possible reasons of this phenomenon, and proposes to put the analysis of liability measure applied to insolvency trustees as the basis for the system of training insolvency trustees. The author also points to the fact that the existing system of insolvency trustees training has not changed for more than 10 years, despite the fact that the insolvency (bankruptcy) legislation changes on average 5 times a year.The author points to the need for annual updating of the training program for insolvency trustees.
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Uhlířová, Marta. "Legal aspects of the crimes committed in insolvency proceedings – comparison of Czech and Austrian legislation." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2911–16. http://dx.doi.org/10.11118/actaun201361072911.

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The subject of this paper is to compare the Czech and Austrian legislation considering offenses which entrepreneurs and other entities (natural person) may commit within the insolvency proceedings or which are related to the insolvency. Emphasis is placed on the comparison of Czech and Austrian legislation with regard cross-border relationships within the business environment and living between the Czech Republic and Austria.Czech entrepreneurs and natural person in Austria can get into a situation where their debtor is located in Austria and finds himself insolvent or vice versa. Also the Czech entrepreneurs and natural person may do their bussines or live in Austria and may get into such a situation when they are close to the situation which can lead to their decline. This paper would be for them a practical recommendation on how to avoid potential criminal liability.
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Arbekova, A. V. "The Evolution of Liability Measures Applied in Bankruptcy to Creditors’ Property Rights Violators in Russia." Actual Problems of Russian Law 16, no. 5 (June 9, 2021): 84–97. http://dx.doi.org/10.17803/1994-1471.2021.126.5.084-097.

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One of the tasks the modern law in the field of insolvency of legal entities pursues is to ensure the maximum balance of the rules governing the measures of liability applied to managers, participants and other entities controlling the debtor. In this regard, the author applies historical and comparative method of studying the measures of responsibility applied during the development of domestic legal regulation of insolvency and the critical assessment method that forms the basis for the analysis of the current Russian legislation. The paper carries out a retrospective analysis of the form and degree of fault as an element of the offense that traditionally acted as one of the criteria for choosing the type of insolvency, as well as for imposing the measures of responsibility. A comparative analysis of the norms of the Russian bankrupt legislation in historical retrospect allowed raising problematic issues of the current legislation and making proposals aimed at their resolution. Currently, the rules of the current domestic insolvency legislation provide an equal amount of responsibility for both bad faith (intentional) and unreasonable (careless) actions of entities controlling the debtor. The normative consolidation of measures of responsibility dependent on the form of fault, namely, the separate qualification of intentional and careless offenses, will secure coherent application of the principle of justice. Modern Russian law contains the concepts of “insolvency” and “bankruptcy”, which in some cases creates legal uncertainty. Therefore, it is proposed to delineate these concepts by law, eliminate the term “objective bankruptcy” from the application, and shift its semantic burden to the concept of “insolvency”. Thereby, a separate category of insolvency will be included in the current legislation.
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Dissertations / Theses on the topic "Insolvency legislation"

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Gagnon, Hugo-Pierre. "Bill C-55 and the UNCITRAL model law on cross-border insolvency : the harmonization of Canadian insolvency legislation." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101817.

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Bill C-55 proposes amendments to the Canadian Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act tailored on the procedural framework contemplated by the UNCITRAL Model Law on Cross-Border Insolvency. This thesis demonstrates that implementation of these amendments will bring Canadian insolvency law into closer---but by no means complete---alignment with the doctrine of modified universalism reflected in the Model Law. To this end, the thesis undertakes an analysis of the different theoretical approaches to cross-border insolvency, shows the importance of instrument choice in determining the level of global harmonization attained, and reviews recent projects of harmonization. This is followed by a close comparative analysis of the extent of compliance of the provisions of Bill C-55 with the Model Law, an analysis that demonstrates the shortcomings of model laws and, somewhat paradoxically, their important role and function in eventually bringing about global legal harmonization.
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Ruhl, Mary Louise. "The case for a second look at Canadian bank insolvency legislation." Thesis, University of British Columbia, 1985. http://hdl.handle.net/2429/26146.

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This thesis is an analysis of the bank insolvency process in Canada. The phenomenon of bank bailouts is examined and three possible rationale for bailouts are put forth. The conclusion is reached that bank bailouts can be justified on the basis of these rationale, and, therefore, that bank insolvency legislation should recognize the bailout process and provide an adequate and appropriate framework for this process. Three recent bank failures, Canadian Commercial Bank, Northland Bank and the Bank of British Columbia, are discussed, with particular emphasis on the different bailout tools used by the government in each case. These case studies are used as a framework within which to assess current Canadian bank insolvency legislation. The conclusion is reached that the legislative framework is inadequate to deal effectively with bank insolvency. By examining the American approach to bank insolvency and two recent Canadian studies on the subject, a model for reform is proposed. The model contemplates a more highly-structured legislative framework, with broad powers granted to the deposit insurer to implement a bailout in circumstances which justify this form of government intervention. Finally, this model is used as a basis on which to evaluate recent financial sector reform initiatives made by the federal government.
Law, Peter A. Allard School of
Graduate
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Singini, Arthur. "The advantage-to-creditors-requirement in South African insolvency legislation : a critique." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/77435.

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Pond, Keith. "Investigating personal insolvency : a progression of studies into individual voluntary arrangements." Thesis, Loughborough University, 2007. https://dspace.lboro.ac.uk/2134/3039.

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This doctoral submission represents over ten years of focused research that has resulted in a unique collection of academic and professional articles. The epithet "unique" is adopted to reflect that over those years this area of study has been relatively untouched by other academic researchers. This submission presents a total of eight academic and seven professional journal publications that chronicle the major output of numerous research projects undertaken between 1992 and 2002. The publications adhere to a central aim - to investigate the practical use and complex interactions between stakeholders of the individual insolvency rescue vehicle the Individual Voluntary Arrangement (IVA). The research projects employed a variety of relevant methodologies to populate an emerging conceptual model of the prime factors affecting the incidence, usage and outcomes of IVA cases. The first five articles report and develop the data collected during the various projects. The articles build on each other, analysing results and comparing these with previous studies to underline reliability in the data. The final three articles draw threads from the research data and develop the conceptual model further. As a research progression this submission contains all of the necessary ingredients of a doctoral thesis. It focuses on a discrete body of knowledge, builds on a conceptual model, gathers valuable data and tests it, draws strong conclusions and, finally, establishes and contributes new theory in this area of study.
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Ng, Shuk-fong Betty, and 吳淑芳. "An evaluation of the extent of protection of employees' legal entitlements in the event of insolvency in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2000. http://hub.hku.hk/bib/B31966317.

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Van, Der Merwe Constant Pieter. "Reconsidering Distributions: A Critical Analysis of the Regulation of Distributions to Shareholders in the Companies Act of 2008, with Special Reference to the Solvency and Liquidity Requirement." Thesis, Stellenbosch : Stellenbosch University, 2015. http://hdl.handle.net/10019.1/97133.

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Thesis (LLM)--Stellenbosch University, 2015
ENGLISH ABSTRACT : The Companies Act 71 of 2008 introduces a completely new system for the regulation of distributions by a company to its shareholders. The preferred method for protecting the interests of creditors in distributions is now based on a solvency and liquidity test. Regrettably, the provisions setting out the requirements for distributions on the one hand and the solvency and liquidity test on the other have been poorly drafted. This thesis first explains and then applies an innovative interpretation theory to these provisions with a view to piecing together coherent content. The thesis finds that creative interpretations will not suffice in various places, meaning that substantive revision is required. The thesis concludes with brief amendment proposals and accompanying commentary.
AFRIKAANSE OPSOMMING : Die Maatskappywet 71 van 2008 bied ‘n radikaal nuwe sisteem vir die regulering van uitkerings van 'n maatskappy aan sy aandeelhouers. Die voorkeur metode om die belange van skuldeisers in uitkerings te beskerm, is nou op ‘n solvensie- en likwiditeittoets gebaseer. Ongelukkig is die wetlike bepalings wat die vereistes vir uitkerings aan die een kant uiteensit, en die solvensie en likwiditeit toets aan die ander kant, swak opgestel. Hierdie tesis verduidelik eerstens die bepalings, en pas dan 'n innoverende interpretasie teorie op hierdie bepalings toe, met die doel om 'n samehangende inhoud daar te stel. Die tesis bevind dat kreatiewe interpretasies op verskeie plekke nie voldoende sal wees nie. Dit beteken dat substantiewe hersiening noodsaaklik is. Ten slotte bied die tesis kortliks wysigings-voorstelle met meegaande kommentaar.
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Puelles, Olivera Luis Guillermo, and Sandoval Carlos Javier de la Puente. "Reform that deforms: Legislative Decree 1189 and the opportunity to improve the Bankruptcy System." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/122434.

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This article addresses the issue referred to the permanent concern over the debate about adjustment that national bankruptcy systems should have to adapt to the needs of the users, in this case, companies in difficulties, creditors, employeesand others.In the case of Peru, the author indicates the analysis of the benefits of the reform introduced in August 2015 regarding the Bankruptcy System. Despite this, the reform is minimal as to provide appropriate proposals and solutions to the underlying problems. Therefore, the bankruptcy system is not developed asa complete and efficient system for market agents.
El presente artículo aborda la temática referida a la permanente preocupación respecto del debate sobre el ajuste que los sistemas concursales nacionales deben tener para adecuarse a las necesidades de los usuarios, en este caso, empresas en dificultades, acreedores, trabajadores y otros. En el caso de Perú, se plantea el análisis de los beneficios que introdujo la reforma de agosto 2015 respecto del Sistema Concursal. Pese a esto, la reforma queda corta en cuanto a aportar propuestas o soluciones adecuadas a los problemas de fondo. Por ello, el Sistema Concursal no termina de cuajar como un sistema completo y eficiente para los agentes del mercado.
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Spree, Wolfgang. "The transfer of undertakings with specific reference to the transfer of insolvent undertakings - an evolution of the South African law." Thesis, Link to the online version, 2007. http://hdl.handle.net/10019/404.

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Jinjika, Tafadzwa Juliet Precious. "The development of a policy regarding homestead protection in South African law within the ambit of a comparative study on the US, England and Wales and South African law." Diss., 2011. http://hdl.handle.net/2263/27161.

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In 2005 the Constitutional Court was faced with a challenge on the infringement of section 26 of the Constitution which provides for the right to housing, in sales in execution. The court had to determine whether selling a debtor's home for a trifling debt would be justifiable. However, the decision of the court brought about many questions if such a similar case was to be brought under insolvency law. The South African system provides little or no protection for debtors who may find themselves in a situation where they are unable to pay their debts and stand to lose their homes. The court provided guidelines that should be taken when a home of the debtor is to be sold thus preventing a blanket ban. The approach taken by the courts ensure that both the debtor and creditors interests are taken into account in order to reach a just and equitable decision. Many factors have to be considered such as interests of children, creditors and any other dependants in the case of one facing sequestration and the possibility of the home being sold. However, South African law does not provide for formal protection of the debtor's home unlike in other jurisdictions such as the United States of America and England. These jurisdictions have either provided for exemption or protection laws through legislation in which such laws provide for a debtor's fresh start. International human rights also have to be taken into account thus the need for updated legislation that conform to the values entrenched in the Constitution. The English system developed its legislation to provide for home protection through case law, a similar approach of which could be taken by South Africa to bring the insolvency law up to date. There is need for our insolvency legislation to provide for clearer guidelines that enable a debtor to have a fresh start in life at the same time ensuring that creditors' rights are not infringed on. The English system aims to provide for such balance as it provides for protection for a limited duration of time unless if the value of the home is of a low value then it is exempt. The South African courts have also considered the creditor's interests were the home is subject to security as there is re luctance on providing that such property be exempt or protected. The sanctity of a contract has to be honoured.
Dissertation (LLM)--University of Pretoria, 2012.
Mercantile Law
unrestricted
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Nel, Imo-Rhesa. "The impact of the National Credit Act 34 of 2005 on insolvency proceedings." Thesis, 2014. http://hdl.handle.net/10210/12643.

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LL.M. (Commercial Law)
When a debtor runs into financial problems and starts neglecting to satisfy his financial obligations as and when they fall due, there are various statutory procedures or remedies available to both the debtor and his creditor(s). The first and most obvious remedy available to the creditor is to demand the satisfaction of the outstanding claim by the issuance of a letter of demand, followed by a summons and subsequent court proceedings in which the creditor will claim what is due to him. If the debtor still neglects to satisfy the judgement debt, the creditor may proceed to have the judgement enforced by means of a warrant of execution in terms of which the debtor’s property will be attached and be sold at a public auction. Another procedure that is available is for either party to apply for a sequestration order in terms of the Insolvency Act.3 The Insolvency Act provides for two ways in which a debtor’s estate may be sequestrated. These two ways have their own separate requirements. The two ways are: 1. Voluntary surrender; and 2. Compulsory sequestration.
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Books on the topic "Insolvency legislation"

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Commission, Australia Law Reform. General insolvency inquiry: Draft legislation. [Sydney, NSW]: LawReform Commission, 1987.

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R, Keay Andrew, and McCormack G. (Gerard), eds. Insolvency legislation: Annotations and commentary. 4th ed. Bristol: Jordans, 2014.

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Sommer, Andrew. Tax & insolvency. 3rd ed. Pyrmont, N.S.W: Thomson Reuters (Professional) Australia Limited, 2011.

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Richard, Davis. Construction insolvency. London: Chancery Law Pub., 1991.

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Gates, Stephen. Tax & insolvency. 2nd ed. Pyrmont, N.S.W: Australian Tax Practice, 2002.

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Boone, J. William. International insolvency: Group insolvency and directors' duties. London: Thomson Reuters, 2015.

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Davis, Richard. Construction insolvency. London: Chancery Law, 1993.

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Sealy, L. S. Annotated guide to the insolvency legislation: Insolvency Act 1986, Company Directors Disqualification Act 1986,Insolvency Rules 1986. 4th ed. Bicester: CCH Editions, 1994.

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Sealy, L. S. Annotated guide to the insolvency legislation: Insolvency Acts 1986 and 2000, Insolvency Rules 1986, EC Regulation on Insolvency Proceedings 2000, Enterprise Act 2002. 7th ed. London: Sweet & Maxwell, 2004.

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Sealy, L. S. Annotated guide to the 1986 insolvency legislation: Insolvency Act 1986, Company Directors Disqualification Act 1986 and Insolvency rules 1986. Bicester: CCH Editions, 1986.

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Book chapters on the topic "Insolvency legislation"

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Nsubuga, Hamiisi Junior. "Conclusion – latest legislative developments and substantive matters." In Employee Rights in Corporate Insolvency, 149–56. New York : Routledge, 2020. |: Routledge, 2019. http://dx.doi.org/10.4324/9780429329685-8.

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Slorach, J. Scott, and Jason Ellis. "25. Company insolvency proceedings." In Business Law 2020-2021, 249–68. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198858393.003.0025.

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This chapter deals with the procedures available when a company is insolvent or facing financial difficulties. It also considers the ways in which insolvent partnerships can be subject to the same procedures as companies. The law relating to these matters is principally contained in the Insolvency Act 1986 together with the Insolvency Rules 1986, as amended by the Insolvency Act 2000 and the Enterprise Act 2002. The insolvency legislation provides four procedures for companies in financial difficulties: administration, voluntary arrangement, receivership, and liquidation.
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Slorach, J. Scott, and Jason Ellis. "25. Company insolvency proceedings." In Business Law, 249–70. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192844316.003.0025.

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This chapter deals with the procedures available when a company is insolvent or facing financial difficulties. It also considers the ways in which insolvent partnerships can be subject to the same procedures as companies. The law relating to these matters is principally contained in the Insolvency Act 1986 together with the Insolvency Rules 1986, as amended by the Insolvency Act 2000 and the Enterprise Act 2002. The insolvency legislation provides four procedures for companies in financial difficulties: administration, voluntary arrangement, receivership, and liquidation.
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Slorach, J. Scott, and Jason Ellis. "25. Company insolvency proceedings." In Business Law 2019-2020, 251–70. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198838579.003.0025.

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This chapter deals with the procedures available when a company is insolvent or facing financial difficulties. It also considers the ways in which insolvent partnerships can be subject to the same procedures as companies. The law relating to these matters is principally contained in the Insolvency Act 1986 (IA 1986) together with the Insolvency Rules 1986, as amended by the Insolvency Act 2000 and the Enterprise Act 2002. The insolvency legislation provides four procedures for companies in financial difficulties: administration, voluntary arrangement, receivership, and liquidation.
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"RESCUE OUTSIDE THE INSOLVENCY LEGISLATION." In Corporate and Personal Insolvency Law, 125–30. Routledge-Cavendish, 2013. http://dx.doi.org/10.4324/9781843145820-17.

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6

"New legislation on insolvency (Bankruptcy)." In Private and Civil Law in the Russian Federation, 129–43. Brill | Nijhoff, 2009. http://dx.doi.org/10.1163/ej.9789004155343.i-368.45.

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"Chapter Three. Corporate Insolvency Legislation." In A Global View of Business Insolvency Systems, 51–119. Brill | Nijhoff, 2010. http://dx.doi.org/10.1163/ej.9789004180253.i-300.11.

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8

"National Report for Australia." In Commencement of Insolvency Proceedings, edited by Christopher F. Symes. Oxford University Press, 2012. http://dx.doi.org/10.1093/oso/9780199644223.003.0001.

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The English Bankruptcy Act of 1542 and subsequent 17th century legislation served as the model for early personal insolvency laws upon white settlement in Australia. In 1840 the colony of New South Wales, Australia’s first colony, passed an Absent Debtors Act and the following year an Act for Giving Relief of Insolvent Debtors. A number of the colonies passed insolvency legislation in the period leading up to Federation in 1901. Under the Australian Constitution from 1901 the Federal Parliament has had power to ‘make laws for the peace, order and good government’ with respect to bankruptcy and insolvency. The Federal Parliament used this power in 1914 to create its first Bankruptcy Act and there were new Acts in 1924 and 1966. The present legislation is the Bankruptcy Act 1966 (Cth) which had major amendments in 2002 and 2004.
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French, Derek. "20. Company insolvency and liquidation." In Mayson, French & Ryan on Company Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198797234.003.0020.

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This chapter deals with procedures and legislation governing the insolvency and liquidation of a company and who are qualified as insolvency practitioners. It first discusses insolvency procedures such as administrative receivership, administration, voluntary arrangement, creditors’ voluntary winding up, winding up by the court and the appointment of a provisional liquidator. It then considers the effect of insolvency and liquidation procedures on floating charges, court control of insolvency and liquidation procedures and liability for wrongful trading. The legal principles underlying disqualification orders against a company’s directors, the use of an insolvent company’s name, the order of the application of assets in liquidation and the dissolution of a company are also examined.
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French, Derek. "20. Company insolvency and liquidation." In Mayson, French & Ryan on Company Law, 683–756. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198841517.003.0020.

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This chapter deals with procedures and legislation governing the insolvency and liquidation of a company and who are qualified as insolvency practitioners. It discusses insolvency procedures such as administration, voluntary arrangement, creditors’ voluntary winding up, winding up by the court and the appointment of a provisional liquidator. It considers the effect of insolvency and liquidation procedures on floating charges, court control of insolvency and liquidation procedures, and liability for fraudulent trading and wrongful trading. The legal principles underlying disqualification orders against a company’s directors, the use of an insolvent company’s name, the order of the application of assets in liquidation and the dissolution of a company are also examined.
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Conference papers on the topic "Insolvency legislation"

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Kozyrskii, Dmitrii. "Issues Of Improving The Legislation On Insolvency (Bankruptcy) Cases In Russia." In International Scientific Conference «Social and Cultural Transformations in the Context of Modern Globalism» dedicated to the 80th anniversary of Turkayev Hassan Vakhitovich. European Publisher, 2020. http://dx.doi.org/10.15405/epsbs.2020.10.05.406.

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