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Books on the topic 'Insolvency risk'

Author: Grafiati
Published: 4 June 2021
Last updated: 25 April 2022

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1

Cummins, J. David, and Richard A. Derrig, eds. Managing the Insolvency Risk of Insurance Companies. Dordrecht: Springer Netherlands, 1991. http://dx.doi.org/10.1007/978-94-011-3878-9.

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2

Richard, Davis. Construction insolvency: Security, risk and renewel in construction contracts. London: Sweet & Maxwell, 2014.

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3

Hughes, Joseph P. Safety in numbers?: Geographic diversification and bank insolvency risk. Philadelphia: Federal Reserve Bank of Philadelphia, Economic Research Division, 1996.

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4

Paul, Levine. Government myopia: Insolvency and the risk premium on bonds. Leicester: University of Leicester. Department of Economics, 1992.

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5

Tunstall, Ian. Trading or insolvency?: Risk management and the company administrator scheme. Sydney: LBC Information Services, 2000.

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6

Pond, Keith. Monitoring risk in individual insolvency: Case studies of two UK banks. Loughborough: Loughborough University Banking Centre, 2000.

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7

David, Cummins J., and Derrig Richard A, eds. Managing the insolvency risk of insurance companies: Proceedings of the Second International Conference on Insurance Solvency. Boston: Kluwer Academic Publishers, 1991.

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8

Anginer, Deniz, Asli Demirguc-Kunt, Harry Huizinga, and Kebin Ma. Corporate Governance and Bank Insolvency Risk: International Evidence. The World Bank, 2014. http://dx.doi.org/10.1596/1813-9450-7017.

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9

Touche Ross & Co., ed. Directors at risk: Responsibilities and penalties after the Insolvency Act. London: Touche Ross & Co., 1986.

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10

Managing the Insolvency Risk of Insurance Companies (Huebner International Series on Risk, Insurance and Economic Security). Springer, 1991.

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11

et, Mokal. The MSME Insolvency Status Quo. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198799931.003.0002.

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This chapter examines specific challenges faced by MSMEs. These challenges arise from factors such as size, lack of available collateral, undiversified nature, and lack of suitable external governance mechanisms, all of which contribute to a high MSME failure rate. As such, it is crucial for insolvency regimes to be responsive to MSMEs’ particular requirements. The chapter then discusses the need for cost-effective insolvency regimes tailored to these requirements, and the problems inherent in the development of such regimes. Cost-effective insolvency proceedings can encourage non-viable distressed firms to exit the market and efficiently recycle their assets to new uses, provide viable distressed firms with the chance to reorganize their operations and liability in order to continue in business, provide higher returns to MSME creditors and thereby incentivize lending in this sector, and encourage greater entrepreneurial activity and new firm creation. Ultimately, an effective MSME insolvency regime can alleviate the downside risk of a venture, in turn increasing the number and variety of people pursuing entrepreneurial activities.
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12

Roger, McCormick, and Stears Chris. Legal and Conduct Risk in the Financial Markets. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198749271.001.0001.

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This third edition on legal risk has been expanded to include much new material specifically on conduct risk. It has been updated to take into account developments in the law and professional standards concerning such risks and associated values in the context of the financial markets. Significant (and in some cases, endemic) conduct-related scandals, such as the widespread mis-selling of financial products and LIBOR manipulation, exposed by the financial crisis, have resulted in legal and regulatory change in equal measure (and profound effect) to that of the prudential and financial stability concerns captured in the second edition. Consequently this new edition fully examines the current approach to trust, ethics, and conduct within the broader framework of reputational and legal risk. In doing so, it clarifies what constitutes legal risk in contemporary financial markets and how to manage it, drawing on examples and case studies. Other developments in areas such as the resolution/insolvency of banks, the revision of the UK regulatory structure from the Financial Services Authority to the Financial Conduct Authority and Prudential Regulation Authority, and the recently made new crime of reckless management of a bank are all considered in full. There is also discussion of trends in areas ripe for development such as fiduciary duty amongst financial markets participants.
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13

Ian, Paterson. 3 Australia. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0003.

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This chapter discusses the law of set-off and netting in Australia as well as the key restrictions on the availability of set-off under Australian law. In Australia, set-off and netting arrangements are often used as a means of reducing operational and credit risk. In the context of reducing credit risk involving financial rights and obligations (for example, deposits and loans), set-off and netting arrangements depend on one or more of: contract, section 553C of the Corporations Act 2001, and the Payment Systems and Netting Act 1998 (Netting Act). The chapter first considers set-off between solvent parties and set-off against insolvent parties before explaining set-off under section 553C of the Corporations Act. It also examines issues that may arise in cross-border transactions under Australian law with respect to the availability of set-off in section D of the Corporations Act, with emphasis on the choice of law and set-off in insolvency.
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14

Eisenberg, Melvin A. Other Limitations on Expectation Damages. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199731404.003.0020.

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Chapter 20 concerns limitations on expectation damages other than the principle of Hadley v. Baxendale and the certainty principle. The most significant limitation is that generally speaking, under the common law each party to a dispute pays its own litigation costs—attorney’s fees, expert fees, and so forth—win or lose. Oher limitations include the time value of forgone gains—especially since even if prejudgment interest is granted, it will generally be at a lower rate than the actual market rate for interest—and the risk of the promisor’s insolvency. Accordingly, a promisee will never be indifferent between performance and damages.
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15

Fidelis, Oditah, and FT Law & Tax., eds. Insolvency of banks: Managing the risks : a specially commissioned report. London: FT Law & Tax, 1996.

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16

Francesca, Mazza. Ch.9 Assignment of rights, transfer of obligations, assignment of contracts, s.2: Transfer of obligations, Art.9.2.8. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0192.

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This commentary analyses Article 9.2.8 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the obligee's right to payment or other performance under the contract in respect of the obligation transferred. In the case of the assignment of a right, the assignment does not alter the obligor's situation. Securities can therefore continue to serve their purposes. The situation is different where an obligation is transferred to a new obligor. If the security were to be transferred with the obligation, the risk of breach or insolvency to be covered would be that of another person, unless the original obligor is not discharged. Art 9.2.8 contains special provisions with respect to the transfer of securities. This commentary discusses the transfer of an obligation with respect to securities given by the original obligor, securities given by a third party, and securities given by the new obligor.
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17

Sonja, Meier. Ch.11 Plurality of obligors and of obligees, s.1: Plurality of Obligors, Art.11.1.3. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0216.

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This commentary analyses Article 11.1.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the obligee's rights against joint and several obligors. When obligors are jointly and severally bound, Art 11.1.3 states that the obligee may require performance from any one of them, until full performance has been received. The obligee thus has the right to choose freely from which of the obligors it wishes to claim performance. In all likelihood this will usually be a solvent obligor. The risk of insolvency of one obligor is therefore borne by the remaining obligors, not by the obligee. This rule is a consequence of the practical rationale of joint and several obligations to serve as a form of personal security. The obligee is entitled to commence judicial proceedings against one of the obligors, claiming the whole performance from it, without involving or informing the other obligors. This commentary also considers the rights of the obligee in the case of non-performance.
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18

Heinrich, Christian, ed. Mit Schwung aus der Krise! Nomos Verlagsgesellschaft mbH & Co. KG, 2022. http://dx.doi.org/10.5771/9783748932109.

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The StaRUG came into effect on 1 January 2021. It shows new perspectives through the preventive restructuring framework and enables restructuring between out-of-court restructuring and insolvency proceedings. However, many details of the StaRUG are (still) unclear. In particular, the Insolvency and Labour Law Symposium highlighted the opportunities and risks of the StaRUG and deepened the dialogue between academia and practice. Likewise, this volume offers a well-founded approach to these issues and to the important interfaces of insolvency and labour law.
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19

Thirty, Group of, ed. Reducing the risks of international insolvency: A compendium of work in progress : a reference guide. Washington, DC: Group of Thirty, 2000.

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20

Huang, Yukon. China’s Debt Dilemma. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190630034.003.0005.

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China’s surging debt levels and an overheated property market have led many to believe that the country is headed for an economic collapse. Yet the argument that China is facing a financial crisis is overstated. China’s debt problem is largely confined to the state sector; its property market is not about to implode; and there is little evidence of widespread insolvency. The risks of shadow banking are also not as serious as many have argued. While the government has the discretionary resources to manage the situation, a set of SOEs does face serious financial problems and the country’s financing modalities are creating risks. Most observers see the banking system as the source of these problems, but the solution begins with reforming China’s fiscal system and restructuring management of SOEs. Addressing these issues would lead to a more financially sustainable growth path over the coming decade.
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21

Roy, Goode, Kronke Herbert, and McKendrick Ewan, eds. Part II A View Through Illustrative Contracts and Harmonizing Instruments, 14 International Interests in Mobile Equipment and the Cape Town Convention and Aircraft Protocol: Adding a New Dimension to International Lawmaking. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0015.

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This chapter is devoted to the 2001 Cape Town Convention on international interests in mobile equipment and its associated Aircraft Protocol sponsored by UNIDROIT and ICAO. Both instruments have secured a large number of ratifications. Their 99 provisions cover a wide range of issues relating to security and quasi-security interests in aircraft objects, railway rolling stock and space assets. The chapter examines the principles underlying the Convention, its sphere of application, the default remedies, the provisions relating to the International Registry for the registration of international interests and sales and the priority rules based on the order of registration. Key features of the overriding provisions of the Aircraft Protocol are also identified, including strong creditors' remedies in the event of the debtor's insolvency, remedies which are considered a key features in reducing the risks and costs of aviation finance.
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22

Paul, Torremans. Part III Jurisdiction, Foreign Judgments and Awards, 15 Recognition and Enforcement of Foreign Judgments and Arbitral Awards in England—An Introduction. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199678983.003.0015.

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This chapter examines how foreign judgments and arbitral awards are recognised and enforced in England. Unsatisfied foreign judgments and arbitral awards give rise to complicated questions concerning private international law. Owing to the principle of territorial sovereignty, a judgment delivered in one country cannot, in the absence of international agreement, have a direct operation of its own force in another. This chapter first considers the effect given to foreign judgments and arbitral awards before discussing the different regimes governing recognition and enforcement of foreign judgments. In particular, it looks at judgments from outside the European Union and European Free Trade Association (EFTA), judgments from an EU or EFTA state, and judgments from other parts of the UK. It also analyses issues relating to insolvency, family law, and wills and successions and concludes with an overview of rules under which foreign arbitral awards are recognised and enforced.
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23

Douglas W, Arner, Hsu Berry FC, Goo Say H, Johnstone Syren, Lejot Paul, and Tse Maurice Kwong-Sang. Part II Regulation of Banking, Securities, and Insurance, 3 Banking Regulation and the Hong Kong Monetary Authority. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198706472.003.0003.

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This chapter explains the legal and institutional framework for banking in Hong Kong. It discusses the regulation of financial intermediaries, products, and services in the context of a framework based largely on the Banking Ordinance, the Exchange Fund Ordinance, and the Clearing and Settlements Systems Ordinance, supported by ordinances derived from international best practice. The chapter summarizes the main functions of the Hong Kong Monetary Authority (HKMA). Established in 1993, the HKMA maintains Hong Kong as an international financial centre and ensures that Hong Kong’s legal and regulatory framework for banks is comprehensive and of an international standard. At the same time, the chapter argues, the system’s many divisions allow certain risks to remain unaddressed. A specific area of concern applies to financial conglomerates, in that there is no clear division of regulatory responsibility in the case of the insolvency of a financial conglomerate.
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24

Morse, Geoffrey, and Thomas Braithwaite. Partnership and LLP Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198832799.001.0001.

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This book explains the legal framework within which partnerships, limited partnerships, and limited liability partnerships (LLPs) operate in England and Wales. In relation to partnerships, it deals first with the characteristics and essential elements for a partnership to exist; the distinction between partners, creditors, and employees; and the interaction between partnerships and public regulation. The book then deals with the two major consequences of a partnership, the liability of partners to third parties for actions taken by their fellow partners and the duties and liability of each partner to the other partners. It then identifies and explores the assets which have become partnership property. The issues relating to dissolution follow, setting out how a partnership may be dissolved (in full or in part) and the procedures to effect that. The impact of the insolvency of the firm and/or bankruptcy of the partners is covered. The rapid rise of the use of limited partnerships is explained together with the modifications to partnership law and the creation of private fund limited partnerships. In relation to LLPs, after setting out the background to the legislation and explaining its structure, it examines the requirements for the creation of LLPs, how they are incorporated, and the consequences of their incorporation as separate legal entities. It then explores what membership of an LLP entails, including the interrelation of membership with employment and worker status, and the relations between members and the LLP and between the members themselves. It then looks at the default provisions, the role of the LLP Agreement, and the extent to which contractual doctrines such as repudiation and frustration apply to that agreement. Finally, the book looks at decision-making within an LLP, termination of a member’s membership, and insolvency and dissolution of the LLP itself.
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25

Mody, Ashoka. After the Bust, the Denial, 2007–2009. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199351381.003.0006.

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This chapter examines the financial crisis that had begun in early 2007 in the United States. Euro area banks had taken big risks both in the U.S. and at home; almost instantly, they had become enmeshed in the crisis. The global financial implosion had transformed into an unnerving global economic downturn. U.S. authorities had responded with vigor, and by mid-2009, the U.S. was on its way to financial and economic recovery. In the euro area, the European Central Bank (ECB) had remained in denial and national authorities had struggled to tame their domestic banking crises. As the crisis had unfolded, government guarantees that promised to protect creditors and ECB liquidity had propped up euro area banks. However, delays in dealing with insolvent banks, who had gambled and lost, were certain to impede further economic recovery and, ultimately, inflict large costs on governments.
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