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Journal articles on the topic 'Insolvency of the commercial company'

Author: Grafiati

Published: 11 September 2021

Last updated: 30 July 2025

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1

Alshakhanbeh, Khaled Abed. "Company Controller's Role as One Way to Rescue Companies under Jordanian's Insolvency Act 2018 "Comparative Study"." Journal of Politics and Law 15, no. 1 (2021): 25. http://dx.doi.org/10.5539/jpl.v15n1p25.

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The main objective of this article is to shed light on the new emergence on the Jordanian insolvency Act no. 21 of 2018, after it became independent from the commercial law, specifically the role of the companies general controller through the application of the provisions of this law to rescue company as much as possible from stopping running its business activates and then its insolvency. In this article, the Jordanian law was compared with English law in order to compel Jordanian legislator to benefit from other legislation, given that the Jordanian law is still recent.  This ar

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2

Zieliński, Jakub. "COMMENTARY ON THE RESOLUTION OF THE SUPREME COURT OF 1 DECEMBER 2017, III CZP 65/17." Roczniki Administracji i Prawa 4, no. XX (2020): 289–96. http://dx.doi.org/10.5604/01.3001.0014.8443.

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The commented resolution of the Supreme Court primarily concerns the liability of management board members in the situation of company’s insolvency. The Supreme Court held that if the management board member fails to fulfil the duty to file a motion for declaration of insolvency in the situation when he became board member when company was already insolvent, he would not be able to free himself from the liability for company’s debts by proving that creditor would not be able to obtain any satisfaction of his claims even the motion was filled. The maim controversy arising from the abovesaid rul

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3

Graf Kerssenbrock, Otto-Ferdinand. "Shareholders’ Subordination Agreements in Light of German Commercial Law, Insolvency Law and Tax Law." Intertax 38, Issue 10 (2010): 509–26. http://dx.doi.org/10.54648/taxi2010053.

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Subordination declarations play a major role for crisis-threatened enterprises in the prevention of duty to apply for insolvency procedures. The German legal environment for Shareholder’s Subordination Agreements has recently changed drastically, since Germany has significantly changed and adapted the concept of Corporate Equity Protection – which was formally laid down in section 30 and the following of the Limited Liability Company Act (GmbHG) – for all kinds of enterprises and moved it into the legal framework of Insolvency Law (InsO). This article covers the legal situation before and afte

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Morrison, David. "Trustees in insolvency: the manifestation of Australia’s fascination with the use of the trust as a business vehicle." Trusts & Trustees 25, no. 10 (2019): 995–1001. http://dx.doi.org/10.1093/tandt/ttz107.

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Abstract Corporate trustees are prevalent in the operation of businesses in Australia. However, the Corporations Act in Australia makes no express provision for the insolvency of a corporate trustee. Given that the trading trust is often used for commercial purposes in Australia, together with a corporate trustee, it is important that the law reflects a clear and consistent approach in the event of the insolvency of a business owned by a trading trust. It is opined that the position of an insolvent corporate trustee ought to be, as far as possible, dealt with consistently with that of a busine

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Afifah, Tatu. "Kebangkrutan Perusahaan dalam Prespektif Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang." JURNAL HAK 2, no. 1 (2025): 81–90. https://doi.org/10.30656/jhak.v2.i1/10617.

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This journal examines corporate bankruptcy from the perspective of bankruptcy law, where a bankrupt company does not mean that the company is bankrupt. Because bankruptcy is an economic status, while bankruptcy is a legal status. If a bankrupt company has the status of bankruptcy, it must submit an application to the commercial court to obtain a bankruptcy decision. This study aims to determine the mechanism for handling a bankrupt company and the authority of a bankrupt company over the assets owned by the company. This study uses a qualitative approach with a descriptive-analytical method to

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Asiah, Nur, Fajar Sugianto, and Agus Budianto. "Revitalization of Curator Authority to Public Companies Declared Bankruptcy." Journal of Academic Science 1, no. 6 (2024): 697–705. http://dx.doi.org/10.59613/tzft5t04.

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This article discusses a public company declared bankrupt by the Commercial Court due to the rejection of its proposed settlement plan in the process of Suspension of Debt Payment Obligations (PKPU). As a result, the public company is declared bankrupt and is in a state of insolvency. However, the Financial Services Authority (OJK) continues to impose obligations on the bankrupt public company, such as adhering to the principle of transparency and submitting annual reports and periodic financial reports, which are not regulated in Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt

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7

Lestari, Hesty Diyah. "CREDITOR PROTECTION WITHIN CORPORATE GROUP INSOLVENCY." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 25, no. 1 (2013): 123. http://dx.doi.org/10.22146/jmh.16104.

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Creditors of corporations in corporate groups are in a vulnerable position when the corporations become insolvent. The application of separate entity and limited liability principles makes the liability of the parent company for the debts of its subsidiary is limited to the amount of its shareholding in the subsidiary, even though in the commercial reality corporate groups are design for the interests of the group as a whole. The existing law in Indonesia has not provided adequate safeguards to creditors’ interests. Kreditor perseroan pada perusahaan grup berada pada posisi yang rentan apabila

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Pavlevchev, Nikolay. "Compulsory enforcement over LLC share in the liquidation or insolvency proceeding." Law Journal of New Bulgarian University 19, no. 1 (2023): 77–89. http://dx.doi.org/10.33919/ljnbu.23.1.6.

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The current legal framework of the LLC provides the principle of vinculation of the shares. In that case the compulsory enforcement over LLC share is initially excluded because the lack of consent of the company to accept a new member cannot be overcome. In case of bankruptcy the participation shall be terminated (art. 125, para. 1, item 4 of the Commercial Act). At the same time, the bankruptcy legislator regulates a method for enforcement over LLC share (art. 718, para. 2 of the Commercial Act). The present article compares the regime for termination of the LLC participation with the regulat

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Agasie, Deyola, and Rani Apriani. "Reducing the Company’s Insolvency: How suspension of debt payment obligation and bankruptcy proceedings help the company?" Law Research Review Quarterly 8, no. 2 (2022): 259–74. http://dx.doi.org/10.15294/lrrq.v8i2.53813.

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Corporate insolvency will have an unfavorable effect on the country's economy. Currently many companies are facing the threat of bankruptcy applications in the Commercial Court because difficulty of paying the company's debts to its creditors. In the midst of the situation the number of Covid-19 cases that occurred in Indonesia, it has a negative impact with the decline in the performance of business actors due to the crisis. From that situation, it results in a decrease in the amount of income to the difficulty of paying debts or credit to creditors. To reduce the increase in insolvency, the

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Wowerka, Arkadiusz. "Siedziba rzeczywista spółki jako łącznik unijnego prawa prywatnego międzynarodowego." Problemy Prawa Prywatnego Międzynarodowego 28 (June 19, 2021): 109–29. http://dx.doi.org/10.31261/pppm.2021.28.04.

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The real seat is a recognised, although expressed in different terms, connecting factor of the EU international private law, relating to companies in they different legal relations. Under the regulations unifying particular areas of this law, relevant form the point of view of cross-border operations of companies, the real seat is the connecting factor determining the applicable law in the field of contractual and non-contractual obligations, and the company’s bankruptcy. Furthermore, it deretmines the jurusdiction for insolvency proceedings against the company, and i salso a jurisdictional co

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11

Bhaskar Bhurase, Sachin, and Kishor V. Ghormade. "Non-Performing Assets in Scheduled Commercial Banks of India: Is a 'Bad Bank' a Viable Solution?" Journal of Investment, Banking and Finance 3, no. 1 (2025): 01–05. https://doi.org/10.33140/jibf.03.01.04.

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The persistent issue of Non-Performing Assets (NPAs) in India's banking sector has significantly impacted the country's financial stability and economic growth. Despite various regulatory measures, including the Insolvency and Bankruptcy Code (IBC) and recapitalization initiatives, a sustainable resolution to the NPA crisis remains elusive. The establishment of the National Asset Reconstruction Company Ltd. (NARCL), also known as India's 'Bad Bank,' marks a critical step toward addressing this issue. This research paper explores the concept of bad banks, evaluates international case studies, a

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Popkova, Elena, Agnessa Inshakova, and Marina Goncharova. "The Transformation of Non-Cash money into Banknotes: Demand, Supply, Subjective Side of Crime." Russian Journal of Criminology 12, no. 3 (2018): 366–74. http://dx.doi.org/10.17150/2500-4255.2018.12(3).366-374.

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The authors study the transformation of non-cash money into banknotes as a cover-up for one of the economic crimes. They analyze the economic interests, motives and goals of the heads of commercial companies that transform non-cash into cash. The current taxes regime is used to compare the financial losses of the working capital of a commercial company whose head has the task of transforming non-cash money into cash. They study the criminal demand for the unaccounted cash and its supply and formulate the concept of «entrepreneurial insolvency». The authors also argue for the possibility of a t

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13

Patau, Josep. "Empirical evolution of credit risk over a decade in IBEX. 35 companies and its relationship with the qualification of its ratings." Intangible Capital 16, no. 2 (2020): 61. http://dx.doi.org/10.3926/ic.1691.

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Object: The present work responds to two objectives. On the one hand, it describes the evolution of the main economic-financial indicators that influence credit risk (insolvency) for a sample of 10 Spanish companies listed on the IBEX 35. This analysis is studied for a comparative period of 10 years, which coincides with a pre-crisis stage (2002-2005) and an economic post-crisis phase (2012-2015). On the other hand, it corroborates the relationship between the analysed insolvency and the rating or credit-risk rating published for these companies by an internationally recognized credit rating a

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14

Dingle, Lesley. "Pioneering the Laws of Commerce: Conversations with Professor Leonard Sedgwick Sealy for the Cambridge ESA." Legal Information Management 13, no. 4 (2013): 278–83. http://dx.doi.org/10.1017/s1472669613000595.

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AbstractThe calm and courteous mannerisms that Professor Len Sealy's interviews radiate belie a pragmatic determination that has been the hallmark of his long and productive career. For nearly six decades he has been a legal pioneer, working assiduously to elevate the law of commerce, and in particular company law and insolvency, to scholarly respectability in academia and practical understanding in boardrooms. Yet typically, for one who spent his entire professional life collaborating with wealth creators of the commercial world, he eschewed direct personal involvement in such activities. His

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Singh, Vidhi, Abhilash Arun Sapre, Shalini Shalini, and Shayeuq Ahmad Shah. "Exploring the Viability and Efficacy of Fresh Slate Approach in India's Evolving Insolvency Framework." Jurnal Cita Hukum 11, no. 2 (2023): 219–32. http://dx.doi.org/10.15408/jch.v11i2.32332.

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A nation's economy remains healthy and progressive because of the proper functioning of commercial and other business arrangements, transactions, and settlements. However, suppose such agreements are not concluded in the desired manner and result in failure. In that case, efforts are required to keep the corporation going with novel arrangements of liability and employment and re-negotiation between financiers. Nevertheless, the drowning company can resort to liquidation if survival becomes unworkable. The legislature and the judiciary have endeavoured to comply with and meet the objectives of

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Agusrianto Naibaho, Marius Suprianto Sakmaf, and Anthon Rumbruren. "THE AUTHORITY OF THE FINANCIAL SERVICES AUTHORITY IN THE CASE OF A BANKRUPTCY APPLICATION FOR A FINANCING COMPANY IN THE INSURANCE FIELD." HERMENEUTIKA : Jurnal Ilmu Hukum 8, no. 1 (2024): 69–74. https://doi.org/10.33603/vzcn0z56.

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In the context of bankruptcy cases involving finance companies in the insurance industry, OJK's authority is strictly regulated in various applicable legal provisions. According to applicable provisions, the OJK has the authority to file a bankruptcy petition against an entity under its supervision, such as an insurance company, if it meets certain requirements. Therefore, the role of the OJK in the bankruptcy of finance companies in the insurance sector is very important to protect the interests of policyholders and creditors. , and overall financial stability. The authority to initiate insol

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17

Hariyanto, Gunawan, Suhariningsih Suhariningsih, Bambang Winarno, and Sihabuddin Sihabuddin. "Liquidator Professional Responsibility in Company Liquidation." International Journal of Multicultural and Multireligious Understanding 8, no. 1 (2021): 43. http://dx.doi.org/10.18415/ijmmu.v8i1.2212.

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The dissolution of a Limited Liability Company is basically something that isn’t desired by the shareholders, therefore the implementation of the dissolution of a Limited Liability Company should be avoided as much as possible, because the dissolution of a Limited Liability Company will provide great losses for the shareholders of the company and the parties directly related to the Company Limited. Pursuant to Article 142 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies, the dissolution of a Company may occur due to: First, based on the resolution of the General Me

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18

Antonowicz, Paweł, Kamila Migdał-Najman, and Krzysztof Najman. "Financial predictors of corporate insolvency - assessment of the forecast horizon of variables in models of early warning against corporate bankruptcy." e-mentor 101, no. 4 (2023): 39–44. http://dx.doi.org/10.15219/em101.1626.

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The authors of the study put forward a hypothesis that it is possible to extend the forecast period for the models of discriminant analysis used to assess the risk of enterprise bankruptcy, focusing on the components of these functions in the form of one-dimensional predictors, i.e. the indicators most frequently included in the discriminant functions developed in Poland. Early warning about the growing risk of bankruptcy would be very valuable for any company. The dataset was constructed from all enterprises in Poland that went bankrupt in the years 2007-2013, which was the end of the researc

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19

Herman, Sergiusz. "Is it worth restructuring? Analysis of companies in poor financial condition in Poland." Wiadomości Statystyczne. The Polish Statistician 66, no. 6 (2021): 7–26. http://dx.doi.org/10.5604/01.3001.0014.9701.

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Deteriorating financial condition of a company may lead to insolvency. As a result, the company may be declared bankrupt or undergo restructuring. The first goal of the study described in the paper is to compare the financial condition of Poland-based non-financial companies undergoing restructuring and bankruptcy processes. In the empirical study, a tool for forecasting the future financial situation of a company was constructed. The second goal is the assessment of the effectiveness of restructuring processes on the basis of a comparative analysis of companies subjected to varios forms of th

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20

Kubičková, Miroslava, Mária Vrábliková, and Iveta Ubrežiová. "Innovative Approach to Business Education in SMEs in the Knowledge Economy of the 21st Century." International Journal of Instruction 18, no. 1 (2025): 131–52. https://doi.org/10.29333/iji.2025.1818a.

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The contribution is interdisciplinary in nature. Aim of the contribution is to suggest some innovative concept for modern managers, which could prevent bankruptcy in the 21st century. Partial aims are following: identify 3 categories of financial risks, create schemes, according which could managers prevent these risks and finally create innovative method “Business Coin Concept” TM, which is suitable for business education during the business life cycle in the 21st century. To main financial risks belong: secondary inability to pay (insolvency) - SIP, fines and penalties by state authorities -

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21

Gavin, Philip. "Corporate Viability and the Duty to Consider the Interests of Creditors in the United Kingdom and the European Union." European Business Law Review 35, Issue 5 (2024): 627–50. http://dx.doi.org/10.54648/eulr2024035.

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This article contrasts the recent UK Supreme Court case of BTI 2014 LLC v Sequana and the EU Preventive Restructuring Directive, which both examine the duty of directors to consider the interests of the company’s creditors once the company entersfinancial distress. This article firstly contrasts how the two frameworks trigger creditor consideration and what they require of directors. Then it explores how both frameworks utilise the concept of corporate viability either as a framing device for creditor paramountcy or as an independent guide for directorial judgment. The article details how defe

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Shumkin, Evgeny. "Impact Factors Affecting the Rationality of Managerial Decisions in Business." Bulletin of Kemerovo State University. Series: Political, Sociological and Economic sciences 2020, no. 4 (2021): 496–504. http://dx.doi.org/10.21603/2500-3372-2020-5-4-496-504.

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This paper provides a theoretical analysis of the key factors that affect the process of making managerial decisions in business. The research objective was to reveal the palliative meaning of the impact of certain external conditions on entrepreneurship. The model of social relations of business entities is determined by their desire to meet their needs. The normativity of these relations depends on an external regulator that presumes their rationality and integrity. The state dictates "the rules of the game" and guarantees balanced social and legal opportunities for business entities. As a b

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RIKWANTO, JOHAN UTAMA YOS, and SANTOSO BUDI. "ESTABLISH HOMOLOGICAL PEACE RATIFICATION IN BANKRUPTCY LAW WITH LEGAL CERTAINTY." Seybold Report Journal 18, no. 08 (2023): 1680–92. https://doi.org/10.5281/zenodo.8321534.

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<strong>Abstract</strong> Rikwanto, 2023. Doctoral Program in Law, Diponegoro University, Semarang. “Building a Homological Peace Agreement in Bankruptcy Law with Legal Certainty” This study aims to examine 1) Empirical problems: why there are many lawsuits for cancellation of bankruptcy peace agreements after they are ratified by commercial judges and what are the empirical reasons submitted by plaintiffs for filing claims for cancellation of bankruptcy peace? ; 2) Juridical question: does the claim for cancellation of the peace agreement after it has been passed by a judge have a

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Delfouf, Sofiane. "Using Z-score models to forecast financial stability in pharmaceutical firms: a case study of SAIDAL." Journal of Innovations and Sustainability 8, no. 2 (2024): 06. http://dx.doi.org/10.51599/is.2024.08.02.06.

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Purpose. This research paper aims to underscore the significance of Z-score models in assessing the financial status of loan applicants “financially distressed” in their relationship with commercial banks “financially solvent” entities. For this purpose, it uses the results of financial analysis, including various financial ratios, allowing for a comparison between the findings of financial equilibrium analysis methods and the results obtained from applying Z-score models. Additionally, it seeks to identify the most suitable Z-score models for the Algerian business environment in terms of dete

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Veenhof, Klaas. "“Modern” Features in Old Assyrian Trade." Journal of the Economic and Social History of the Orient 40, no. 4 (1997): 336–66. http://dx.doi.org/10.1163/1568520972601549.

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AbstractThis contribution presents evidence for “modern” features in Old Assyrian trade (ca. 19th century B.C.), i.e. features not attested in earlier commercial records from ancient Mesopotamia or elsewhere and/or usually considered innovations of classical or early medieval times. It focuses on contractual and legal rules for long-term partnerships (a first step towards company law) and for coping with insolvent, absent or unwilling debtors. It also analyses the implications of bonds in the name of “the (anonymous) creditor,” occasionally designated as “the bearer of the bond,” the earliest

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Sydykova, Ch K., Sh Kh Atakhodjaev, U. M. Abdyldaeva, and T. Sh Atakhodzhaeva. "THE NEED FOR ANTI-CRISIS MANAGEMENT BASED ON FINANCIAL DIAGNOSTICS." Herald of KSUCTA n a N Isanov, no. 2-2021 (June 24, 2021): 292–95. http://dx.doi.org/10.35803/1694-5298.2021.2.292-295.

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This article reveals the issues of the need for financial diagnostics of an enterprise to determine the financial situation in it. Another equally important reason for interest in diagnostic tools is the need for enterprises to use bank loans to finance their activities. Effective diagnostic tools give direction to the need to use a bank loan to finance the activities of an enterprise, the volume of which is increasing from year to year against the backdrop of a growing share of overdue loans and general insolvency of borrowers. Banks transfer most of their monetary funds and assets for long-t

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Nguyen, Xuan-Thao. "Intellectual Property Financing: Security Interests in Domain Names and Web Contents." Texas Wesleyan Law Review 8, no. 3 (2002): 489–504. http://dx.doi.org/10.37419/twlr.v8.i3.5.

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Intellectual property has become an increasingly valuable corporate asset. Not surprisingly, many companies use intellectual property for security purposes in commercial financing schemes. The recent revision of Article 9 of the Uniform Commercial Code (UCC) was drafted with a comprehensive understanding of how intellectual property has been used generally in commercial transactions and as collateral in secured transactions. The revised Article 9 aims to facilitate more financing schemes secured by intangible assets in electronic com- merce. Given the growth of borderless, electronic commerce,

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Yuristian, Angga. "Hak Kreditor Separatis Dalam Mengeksekusi Jaminan Kebendaan Dari Debitor Pailit yang Berasal Dari PKPU." Jurist-Diction 5, no. 6 (2022): 2051–68. http://dx.doi.org/10.20473/jd.v5i6.40066.

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AbstractBankruptcy and Suspension of Debt Payment Obligations can occur to a company due to the inability to pay debts. PT. Baggai Jaya expedition in this study had debts that were past due and could be collected, so one of its creditors filed a PKPU legal action to obtain certainty regarding the payment of its receivables. The failure to achieve peace in the PKPU resulted in the debtor being automatically declared bankrupt by the Commercial Court. In this case, the separatist creditor cannot carry out the execution of the debtor's guarantee and must wait for the process of managing and settli

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Noeva, E. E., and A. E. Mukambetova. "Problems of financial support of the organization-supplier of petroleum products within the framework of the northern delivery." Arctic XXI century, no. 4 (January 21, 2025): 41–60. https://doi.org/10.25587/2310-5453-2024-4-41-60.

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The supply of petroleum products and foodstuffs to the territories of the North and the Arctic is an important component of maintaining proper functioning and life support, and is of strategic importance for the economy of the Republic of Sakha (Yakutia). Because of high transportation costs and complex logistics, the activities of companies involved in the delivery of products within the framework of the northern importation are fraught with great difficulties and financial costs, and their risks are multiplied. The purpose of this study is to identify the factors that have the most significa

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Fusaru, Irina, and Neli Muntean. "Financial sustainability assessment in Moldovan agriculture through Z-score analysis: insights from Romanian models." Fìnansi Ukraïni 2025, no. 5 (2025): 111–28. https://doi.org/10.33763/finukr2025.05.111.

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The article was prepared as part of participation in the X International Scientific and Practical Conference "Accounting, Control and Taxation on the Way to Post-War Reconstruction of Ukraine and Achievement of Sustainable Development Goals", dedicated to the 100th anniversary of Mykola Chumachenko. Introduction. Bankruptcy prediction is a crucial process within financial analysis, involving the assessment of the likelihood that a company will become insolvent and ultimately enter bankruptcy proceedings. This evaluation is particularly important in an unstable economic environment. Moreover, i

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Arraiza Jiménez, Pablo. "El concurso de acreedores desde la óptica de la sociedad familiar." Pecvnia : Revista de la Facultad de Ciencias Económicas y Empresariales, Universidad de León, no. 12 (June 1, 2011): 133. http://dx.doi.org/10.18002/pec.v0i12.619.

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El concurso de acreedores constituye una institución mixta de derecho mercantil y procesal que tiene por objeto la salvaguarda del patrimonio social o masa con la finalidad de permitir a los acreedores de una sociedad en situación de insolvencia obtener el cobro de sus créditos en la mayor medida posible, ya sea mediante la suscripción de un convenio que tienda a permitir la supervivencia de la empresa como medio de obtención de los recursos precisos para hacer frente al pago, ya sea mediante la instauración de un proceso liquidatorio que partiendo de una disolución ordenada de la sociedad, co

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Aliaj, Erjola. "The main roles of bankruptcy administrator in Albanian Bankruptcy Law." European Journal of Social Sciences Education and Research 3, no. 1 (2015): 127. http://dx.doi.org/10.26417/ejser.v3i1.p127-131.

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The bankruptcy procedure in Albania is governed by Bankruptcy Law No.8901 dated 23 May 2002, as amended. This law establishes non-discriminatory and mandatory rules for the repayment of the obligations by debtors in a bankruptcy procedure and ensures an adequate, reliable and effective mechanism for the reorganization or liquidation of a commercial company that is facing financial difficulties. Moreover, this law intervenes not only in the procedural rights of creditors towards insolvent debtors, but also in the material contractual and property rights of the persons, who had a legal relation

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V., Fursova, Havrysh H., and Tymohova H. "UPDATING THE ISSUE OF FORECASTING TRADE ENTERPRISES BANKRUPTCY RISK IN THE CONDITIONS OF CORONAVIRUS PANDEMIC." Scientific Bulletin of Kherson State University. Series Economic Sciences, no. 40 (December 24, 2020): 68–72. http://dx.doi.org/10.32999/ksu2307-8030/2020-40-12.

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Due to the coronavirus pandemic and the implementation of strict quarantine restrictions, the global economy has faced serious challenges that have increased the number of corporate bankrupts around the world. To survive on market under new conditions any enterprise should be able to promptly assess its risks of insolvency. In Ukraine the trade was one of the most affected areas of the domestic economy (nearly one-third of trade enterprises have gone bankrupt), that is why it is very crucial to find out an adequate model for assessing the bankruptcy risk of commercial enterprises. This article

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Tian, Yang, and Wei Long. "Research on the Bankruptcy Standard of Commercial Banks in China." Journal of Social Science and Humanities 6, no. 9 (2024): 126–35. http://dx.doi.org/10.53469/jssh.2024.6(09).22.

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Crisis of commercial banks has been reported frequently, and it is normal for them to fail and quit in the market competition. In order to maintain the national financial order and prevent systemic crisis, it is of great significance to improve the legal system of commercial bank bankruptcy to deal with the problematic commercial banks in a timely manner. Commercial bank insolvency standards as the application of commercial bank insolvency legal system, scientific and reasonable commercial bank insolvency standards is the key to commercial bank insolvency legal system to play a useful role. At

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MA, Mingming, and Qingwu LI. "Istraživanje standarda nesolventnosti društava za osiguranje iz uporedne perspektive." Evropska revija za pravo osiguranja XXIII, no. 2 (2024): 8–29. http://dx.doi.org/10.46793/erpo2302.08m.

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A multi-level risk disposal framework, including market, administrative and judicial aspects, has been established for insurance companies in China. However, the lack of practicality of the top-level legislative design and the concentration of regulatory power have hindered the practical application of the market exit mechanism through insolvency proceedings. Compared with the United States, Japan and the UK, there are significant differences in the choice of insurance company insolvency legislative model, the standard for initiating insurance company insolvency procedures, and the interface b

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Smith, Edwin E. "Commercial and Insolvency Law." Proceedings of the ASIL Annual Meeting 101 (2007): 357–60. http://dx.doi.org/10.1017/s0272503700026069.

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O'Brien, Angus. "Overview: Company and Insolvency Law." Cambridge Journal of International and Comparative Law 3, no. 1 (2014): 257–60. http://dx.doi.org/10.7574/cjicl.03.01.159.

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Kozioł, Oliwia, and Julia Włodarczyk. "Wpływ upadłości przedsiębiorstw na zadowolenie z pracyi płacy u nowego pracodawcy – studium przypadku." Studies in Risk and Sustainable Development 396 (2022): 1–9. http://dx.doi.org/10.22367/srsd.2022.396.06.

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PURPOSE: The aim of the paper is to determine the impact of insolvency of one company from Poland on job and wage satisfaction (as well as the individual perception of the situation of the employee, company and region) among a group of former employees of this insolvent company who became employed by a new employer. DESIGN/METHOD: Conducted research entailed collecting survey data from two groups of employees working at the same company: one group with the experience of company insolvency and a group of employees without such an experience. Data analysis involved the Pearson’s chi-square test

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Yukhumenko, V. "INSOLVENCY OF INSURANCE COMPANIES IN UKRAINE: DETECTION AND PROGNOSTICATION." Innovative Solution in Modern Science 5, no. 41 (2020): 73. http://dx.doi.org/10.26886/2414-634x.5(41)2020.6.

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The paper demonstrates the results of research on the problems of insurance company insolvency. The outcomes describe the basic principles of detection and using the early warning system in Ukraine. The paper shows the necessity to reorganize the basic principles of the detection of local insolvent insurers. The study also determines the groups of persons who are directly or indirectly interested in the insurer's solvency assessment. This work presents the system of insurance companies' insolvency indicators, which help to identify insolvency at the early stages. The paper distinguishes precau

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Višekruna, Aleksandra D. "DIRECTORS’ LIABILITY FOR NON-PAYMENT OF EMPLOYEE ENTITLEMENTS IN CASE OF INSOLVENCY OF EMPLOYER." Strani pravni život 60, no. 3 (2016): 77–89. https://doi.org/10.56461/spz16305v.

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The opening of insolvency procedures undoubtedly causes significant consequences for those who are related with the debtor. Majority of legislators recognise employees as particularly vulnerable category of creditors in insolvency. This paper will brieﬂy summarise employee protection mechanisms in insolvency (priorities in payment order and guarantee institutions for payment of accrued entitlements). The central part of the paper will deal with directors’ liability for nonpayment of employee entitlements in case of insolvency. The paper will review Canadian company legislation which introduces

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Prokopowicz, Tomasz, and Tadeusz Krupa. "Modeling of Polish Enterprises Insolvency Processes with the Use of Gorbatov Characterization Principle - Research Results." Foundations of Management 2, no. 1 (2010): 71–98. http://dx.doi.org/10.2478/v10238-012-0022-y.

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Modeling of Polish Enterprises Insolvency Processes with the Use of Gorbatov Characterization Principle - Research Results Economical activities of enterprises should be based on such managerial decisions that assure quick and effective adjustment of the company to the changes that appear in the market. Enterprises, which are not able to use their opportunities and avoid threats, are bound to face the thread of insolvency. Effects of the insolvency are felt not only by the enterprise, but also by its creditors. Therefore, it is necessary to elaborate a warning system that will beforehand allow

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Fritz, Carika, and Thabo Legwaila. "The intersection between taxation and insolvency — The South African Revenue Service’s preference." South African Law Journal 138, no. 4 (2021): 799–817. http://dx.doi.org/10.47348/salj/v138/i4a6.

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When a debtor’s estate is sequestrated or an insolvent company is wound up, insolvency and taxation intersect whenever the debtor or company has an outstanding tax debt. This article considers whether the South African Revenue Service should, or could, be provided with a better standing in cases of insolvency. From a comparison of the situations in South Africa, Mauritius, Australia and the United Kingdom, it is clear that South Africa’s approach of determining the order of distribution in relation to tax claims based on the type of tax is in line with the approaches of Mauritius and the Unite

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Coumas, Michael. "Taking Directors Seriously: A Silver Bullet for Triggering the Creditors’ Interest Duty—Part I." Business Law Review 42, Issue 3 (2021): 121–27. http://dx.doi.org/10.54648/bula2021017.

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Directors of solvent companies owe a fiduciary duty to shareholders qua the company. If a company becomes technically insolvent, the duty switches to the company’s creditors. This is uncontroversial. However, the duty is also said to switch some point before, i.e., in the ‘vicinity of insolvency’. Therefore, directors must be able to make decisions which do not prejudice shareholders, in a way that is free from exposure to claims by creditors. This uncertainty stems from the case law, where the rules of company law have been confused with the policies underlying insolvency law. The two bodies

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Coumas, Michael. "Taking Directors Seriously: A Silver Bullet for Triggering the Creditors’ Interest Duty—Part II." Business Law Review 42, Issue 4 (2021): 175–81. http://dx.doi.org/10.54648/bula2021025.

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Directors of solvent companies owe a fiduciary duty to shareholders qua the company. If a company becomes technically insolvent, the duty switches to the company’s creditors. This is uncontroversial. However, the duty is also said to switch some point before, i.e., in the ‘vicinity of insolvency’. Therefore, directors must be able to make decisions which do not prejudice shareholders, in a way that is free from exposure to claims by creditors. This uncertainty stems from the case law, where the rules of company law have been confused with the policies underlying insolvency law. The two bodies

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AL-Shnikat, Murad Mahmoud. "The Meaning and Declaration of Commercial and Civil Insolvency under the Provisions of the Jordanian Insolvency Law No. 21 of 2018." Journal of Politics and Law 13, no. 1 (2020): 161. http://dx.doi.org/10.5539/jpl.v13n1p161.

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The present study aimed to shed a light on commercial and civil insolvency under the provisions of the Jordanian insolvency law No. 21 of 2018. It aimed to explore the meaning and procedures of insolvency under the latter law. Under the latter law, the commercial insolvency is governed by the provisions of the insolvent debtor. Under the latter law, there are two types only of insolvency; imminent and actual insolvency. Under the latter law, the ones entitled to lodge an insolvency petition are: the creditor, debtor and the officer acting on behalf of the companies control department. Contrary

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Wessels, Bob. "The Ongoing Struggle of Multinational Groups of Companies under the EC Insolvency Regulation." European Company Law 6, Issue 4 (2009): 169–76. http://dx.doi.org/10.54648/eucl2009034.

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In the application of the Insolvency Regulation, the centre of main interests (COMI) of a debtor determines which national court is competent in insolvency proceedings. The Regulation presumes that the COMI of a company is the place of its registered office. Such a presumption, however, could well be at odds in cases where a company is part of a multinational corporate group.

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Bahia de Almeida Garrett, João António. "Recuperação da empresa e modificabilidade dos créditos fiscais." Revista Electrónica de Direito 27, no. 1 (2022): 131–73. http://dx.doi.org/10.24840/2182-9845_2022-0001_0004.

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This article intends to discuss the current status of the effects of company insolvency and bankruptcy on its unpaid taxes within the legal proceedings leading to company re-structuring. Addresses, in particular, the possibility of extinguishing, reducing or delaying payment of these unpaid taxes through the analysis of the pertinent legal rules, either from the tax law or the insolvency law, the court decisions and legal writers’ opinions. And concludes that the Portuguese law does not prevent the reduction or other limitations to taxes due in these situations, providing the conditions impose

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Omar, Paul. "Crossborder jurisdiction and assistance in insolvency: The position in Malaysia and Singapore." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 1 (2017): 157. http://dx.doi.org/10.17159/1727-3781/2008/v11i1a2755.

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Malaysia and Singapore are members of the common law family and have 'inherited' their company and insolvency law from models in use in the United Kingdom with influences from Australia. It is the purpose of this article to outline the law in relation to cross-border insolvency, particularly the winding up of foreign companies, the co-operation provisions in bankruptcy and insolvency as well as more recent moves to redevelop insolvency through UNCITRAL and Asian Development Bank initiatives.

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Tewari, Sanchita. "Fish or cut Bait: Demystifying the timelines under the Insolvency and Bankruptcy Code." International Journal of Research and Review 11, no. 9 (2024): 66–73. http://dx.doi.org/10.52403/ijrr.20240907.

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The Insolvency and Bankruptcy Code (IBC) of 2016 has revolutionized India’s insolvency landscape by introducing well-defined timelines crucial for expeditious resolution of distressed entities. The study elucidates the significance of these timelines within the IBC framework. Upon initiation of the Corporate Insolvency Resolution Process (CIRP), the National Company Law Tribunal (NCLT) must admit or reject it within fourteen days, averting delays. Within seven days of admission, a Resolution Professional (RP) takes control, ensuring a swift transition. The one-hundred-and-eighty-day timeline s

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Tan, Yong, and John Anchor. "Does competition only impact on insolvency risk? New evidence from the Chinese banking industry." International Journal of Managerial Finance 13, no. 3 (2017): 332–54. http://dx.doi.org/10.1108/ijmf-06-2016-0115.

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Purpose The purpose of this paper is to investigate the impact of competition on credit risk, liquidity risk, capital risk and insolvency risk in the Chinese banking industry during the period 2003-2013. Design/methodology/approach This study uses a generalized method of moments system estimator to examine the impact of competition on risk. In particular, translog specifications are used to measure the competition and insolvency risk. Findings The results show that greater competition within each bank ownership type (state-owned commercial banks, joint-stock commercial banks and city commercia

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