Academic literature on the topic 'Insolvency suggestion'
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Journal articles on the topic "Insolvency suggestion"
1
Gromis di Trana, Melchior, and Simona Alfiero. "The role of the ISA 570 “Adverse key financial ratios” in going concern assessment in Italy." Corporate Ownership and Control 16, no. 4 (2019): 8–18. http://dx.doi.org/10.22495/cocv16i4art1.
Full textAbstract:
This study aims to identify if financial ratios may be useful tools to assess whether an entity may incur in going concern matters and, as a consequence, in a Going Concern Opinion. Starting from an IAASB suggestion reported in the ISA 570 and our previous investigation establishing which financial ratios are most widely used in professional practice by auditors for this type of evaluation, our research is focused on verifying their effectiveness. In particular, an empirical analysis, based on a logit model and than a discriminant analysis, performed on a sample of Italian listed companies confirms the importance of the relations between the net financial position and the cash flow from operations, as well as the relevance of the equity on debts ratio. The results would help auditors and directors to focus on the synthetic indicators that are the most relevant in the financial sustainability evaluation, but they may also be considered by the Italian Legislator that is implementing the new Italian Insolvency Law Reform to fix the synthetic indicators which are able to warn stakeholders regarding the risk of insolvency.
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Akulova, N. G., and S. O. Voronkov. "UNIFIED COMPLEX LEGAL SYSTEM OF SELF-REGULATION AS INNOVATIVE FACTOR OF INCREASING EFFICIENCY OF SRO AND INSOLVENCY OFFICER ACTIVITY." Strategic decisions and risk management, no. 4 (February 19, 2015): 78–82. http://dx.doi.org/10.17747/2078-8886-2010-4-78-82.
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The article analyses problems of self-regulating organizations of insolvency officers’ and insolvency officers’ activities on the current stage of economic growth. Suggestions on creating complex legal system as an innovative mechanism of increasing efficiency of self-regulating organizations of insolvency officers’ and their members’ activities are made.
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Ryahovskaya, A. N., and N. G. Akulova. "TOPICAL DEVELOPMENT ISSUES OF TRAINING SYSTEM FOR CRISIS AND INSOLVENCY MANAGEMENT SPECIALISTS." Strategic decisions and risk management, no. 2 (February 17, 2015): 88–93. http://dx.doi.org/10.17747/2078-8886-2010-2-88-93.
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The article analyses qualitative changes in personnel training system in the field of crisis and insolvency management. Special emphasis is made on problems of higher professional education as a result of its reformation. The authors assess the existing system of insolvency officer training and show its impact on providing the efficiency of Russian insolvency institution. They develop suggestions on organizing the system of training and qualification upgrade for personnel in the field of crisis and insolvency management.
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Weideman, Jeanette, and Leonie Stander. "European and American Perspectives on the Choice of Law Regarding Cross-Border Insolvencies of Multinational Corporations – Suggestions for South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 5 (2017): 133. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2522.
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An increase in economic globalisation and international trade has amounted to an increase in the number of multinational enterprises that have debt, own assets and conduct business in various jurisdictions around the world. This, coupled with the recent worldwide economic recession, has inevitably caused the increased occurrence of multinational financial default, also known as cross-border insolvency (CBI). The legal response to this trend has, inter alia, produced two important international instruments that were designed to address key issues associated with CBI. Firstly, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Model Law on Cross-Border Insolvency (the Model Law) in 1997, which has been adopted by nineteen countries including the United States of America and South Africa. Secondly, the European Union (EU) adopted the European Council Regulation on Insolvency Proceedings (EC Regulation) in 2000. Both the EC Regulation and Chapter 15 adopt a “modified universalist” approach towards CBI matters. Europe and the United States of America are currently the world leaders in the area of CBI and the CBI legislation adopted and applied in these jurisdictions seems to be effective. As South Africa’s Cross-Border Insolvency Act is not yet effective, there is no local policy guidance available to insolvency practitioners with regard to the application of the Model Law. At the basis of this article is the view that an analysis of the European and American approaches to CBI matters will provide South African practitioners with valuable insight, knowledge and lessons that could be used to understand and apply the principles adopted and applied in terms of the EC Regulation and Chapter 15, specifically the COMI concept, the “establishment” concept in the case of integrated multinational enterprises and related aspects.
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Routledge, James. "Rethinking insolvency law amid the COVID-19 pandemic." Pacific Accounting Review 33, no. 2 (2021): 231–37. http://dx.doi.org/10.1108/par-08-2020-0116.
Full textAbstract:
Purpose Amid the COVID-19 pandemic, it is important to consider the effectiveness of insolvency law given the increase in companies facing financial distress. Current insolvency law was not designed in the context of the unprecedented challenges of the pandemic. Therefore, it may not provide the framework needed to assist the rehabilitation of distressed companies that is important to economic recovery. The purpose of this paper is to briefly discuss the rethinking of insolvency law policy with a view to maximising opportunities for rescue and rehabilitation. Design/methodology/approach The commentary offers suggestions on how insolvency law can maximise opportunities for rehabilitation. The approach is to consider competing theoretical perspectives on the objective of insolvency law and provide commentary on rethinking key insolvency law provisions to better meet the needs of distressed businesses in the unprecedented circumstances of the pandemic and into the future. Findings This paper concludes that in the context of the pandemic insolvency policy that is value-based and debtor-friendly is needed to promote rehabilitation. Insolvency law should refocus on debtors and rehabilitation rather than being excessively focussed on the interest of creditors. Originality/value This paper offers a unique and timely commentary on the capacity of insolvency law to respond to the unforeseen COVD-19 pandemic.
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Wessels, Bob. "Cross-Border Insolvency Law in Europe: Present Status and Future Prospects." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 1 (2017): 67. http://dx.doi.org/10.17159/1727-3781/2008/v11i1a2752.
Full textAbstract:
In May 2007 the European countries celebrated the first lustrum of the EU Insolvency Regulation (1346/2000). This article describes where Europe stands with its model which is based on well known theories of private international law for dealing with cross-border insolvencies. The EU Insolvency Regulation provides for a national court to exercise international jurisdiction to open insolvency proceedings. The basis for international jurisdiction is the debtor’s “centre of main interests” or COMI. The two most important cases decided by the European Court of Justice (17 January 2006 Staubitz Schreiber and 2 May 2006 Eurofood) are discussed. The article further analyses the regulation’s legal concept and its procedural context and explains that 'financial institutions' are not covered by the Insolvency Regulation, but by separate directives (2001/17; 2001/24). After having taken stock several suggestions are submitted for improvement of the system of cross-border insolvency in Europe.
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Tribe, John. "Nietzsche's ‘Eternal Recurrence’ and the renaissance of English and Welsh insolvency law reform." Legal Studies 40, no. 3 (2020): 419–41. http://dx.doi.org/10.1017/lst.2020.8.
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AbstractFriedrich Nietzsche proposed the ‘Eternal Recurrence’ thought experiment in his book, The Gay Science (1882). Drawing on ancient Greek and Indian philosophy, Eternal Recurrence is the idea that with infinite time and matter events will occur again and again without end. While not (quite) infinite, English and Welsh insolvency law does have a sufficient and significant history that reveals numerous examples of this phenomenon of repetition. This paper examines some of the patterns of repetition within the law and reform processes and how ‘broad’, ‘narrow’, and ‘deep’ Eternal Recurrence applies to English and Welsh insolvency law. Three examples of Eternal Recurrence are examined: (1) the plight of the unsecured creditor; (2) the quest for protection, including the use of security devices; and (3) the accountability of directors in corporate insolvency, with specific reference to human rights protection for directors versus insolvency law objectives for the benefit of creditors. Finally, suggestions are provided as to why ‘insolvency’ Eternal Recurrence is problematic, particularly for law reform development and the reform of insolvency law in England and Wales.
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Čiricaitė, Radvilė. "Bankroto bylos iškėlimas Lietuvos Respublikos teisme pagal Europos Sąjungos ir Lietuvos teisę." Teisė 74 (January 1, 2010): 80–92. http://dx.doi.org/10.15388/teise.2010.0.256.
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Straipsnyje analizuojamas 2000 m. gegužės 29 d. Europos Tarybos reglamento (EB) Nr. 1346/2000 dėl bankroto bylų nuostatų bei Lietuvos teisės aktų taikymas iškeliant bankroto bylą Lietuvos Respublikos teisme subjektui, kurio bankrotas turi tarptautinio bankroto požymių. Taip pat nagrinėjami bankroto bylos iškėlimo probleminiai aspektai ir pateikiami galimi problemų sprendimo būdai ir kryptys. This article contains analysis of the rules established in the Council Regulation (EC) No. 1346/2000 of 29 May 2000 on Insolvency Proceedings as well as in Lithuanian legal acts which are applied by the court of the Republic of Lithuania while opening insolvency proceedings against internationally insolvent entity. Moreover, problematic aspects concerning opening of the insolvency proceedings as well as suggestions for their solution are examined in this article.
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Steele, Stacey Leanne, and Jin Chun. "Some Suggestions from Japan for Reforming Australia’s Personal Bankruptcy Law." QUT Law Review 17, no. 1 (2017): 74. http://dx.doi.org/10.5204/qutlr.v17i1.711.
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This article examines Japan’s contemporary personal bankruptcy law reform experience in light of Australia’s proposed reforms to the Bankruptcy Act 1966 (Cth). Japan’s personal insolvency legislation was substantially revised at the turn of the 21st century and a new proceeding for individual rehabilitation introduced. These innovations built on practical and procedural solutions pioneered in the courts especially in the late 1990s as the number of personal bankruptcies increased after the bursting of the bubble economy. The article shows that by comparison with Japanese approaches to discharge, investigation and continuing obligations, including requirements for income contributions, the proposed Australian reforms are conservative and not as debtor-friendly as those in Japan. The time between filing and discharge in Japan, for example, is flexible and typically no more than a few months. The Australian reforms merely suggest revising the default bankruptcy period from three years to a fixed one year. In practice, the article suggests that the obstacles of adverse credit histories and enforcement of personal guarantees against entrepreneurs remain problems for an entrepreneur seeking a fresh start in both jurisdictions.
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ZHIL'TSOVA, Yuliya V., and Vladimir A. STRAKHOV. "Formulating a stand-alone paradigm of the concepts Bankruptcy and Insolvency of legal entities." International Accounting 22, no. 7 (2021): 826–44. http://dx.doi.org/10.24891/ia.24.7.826.
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Subject. The terms, such as Bankruptcy and Insolvency, are used in various regulatory documents of the Russian Federation. The protracted economic crisis due to the pandemic urges to solve disputable issues and improve the legal framework of the business bankruptcy procedure. Objectives. The study provides a rationale for formulating standalone paradigms for bankruptcy and insolvency for scientific and practical purposes, aligning development phases of the national institution of bankruptcy. Methods. The study relies upon general and partial methods of research. Based on the retrospective analysis, we sorted evolutionary phases of bankruptcy as a national institution. Conducting a comparative analysis, we inferred the inequality of the two synonymous concepts. Results. Based on the comprehensive approach to dealing with disputable issues, we provided a rationale for diverging bankruptcy and insolvency. We believe that the reconstruction should start with the renaming of the respective federal regulation, being followed by developing its content. We analyzed various approaches to comparing insolvency and bankruptcy, spotlighted development milestones of the national legislation and presented our own vision of the origination of bankruptcy as a national institution, pointing out five phases and naming each of them. Conclusions and Relevance. The term Bankrupt is of European origin and came to Russia during the reign of Peter the Great. Currently, the terms Bankruptcy and Insolvency permeate not only the lexicon of the professional community of economists and lawyers, but also ordinary people. We conclude it would be reasonable to diverge bankruptcy and insolvency at the paradigmatic level, which will contribute to the improvement and development of modern scientific views and practices of professionals in economics and law. The system of the bankruptcy development as a national institution is intended to sort out scientific ideas of its historical process. The ideas herein are designated to set up a modern paradigm of bankruptcy and insolvency, and improve the legislative framework. Therefore, the conclusions and suggestions can be of scientific and practical use in economics and law, as well as in higher education.
Dissertations / Theses on the topic "Insolvency suggestion"
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Smejkalová, Kateřina. "Oddlužení fyzických osob." Master's thesis, Vysoká škola ekonomická v Praze, 2014. http://www.nusl.cz/ntk/nusl-193219.
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This thesis deals with issues of debt forgiveness of natural persons on theoretical and practical basis. First part of thesis describes clarification of procedure of insolvency and explains key concepts. Practical part of the thesis is dedicated to analysis of debtors who went successfully through the procces of debt forgiveness since the beggining (insolvency suggestion) till the end (resolution of satisfaction of debt forgiveness). The goal of thesis is to clarify debt forgiveness in the context of whole process of insolvency procedure on the theoretical basis and to make detailed structured analysis of debtors who fulfiled all conditions of debt forgiveness by law.
Books on the topic "Insolvency suggestion"
1
Moore, Imogen. 11. Corporate Insolvency. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198745228.003.0011.
Full textAbstract:
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on corporate insolvency. It considers the important and topical subject of corporate rescue, reviewing, in particular, administration (including pre-packaged administrations) and Company Voluntary Arrangements. The chapter addresses several issues relating to liquidation, including: winding up petitions and the meaning of ‘inability to pay debts’; assets available to creditors; distribution of assets to creditors; priority of claims; the pari passu principle; and transaction avoidance (dispositions of property after the commencement of winding up; transactions at an undervalue; preferences; voidable floating charges; and transactions defrauding creditors). The potential liability of directors on a company’s insolvent liquidation is considered, concentrating on wrongful and fraudulent trading and disqualification.
2
Moore, Imogen. 10. Loan Capital. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198745228.003.0010.
Full textAbstract:
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines loan capital – borrowing by companies. It focuses on the legal distinction between fixed and floating charges created by companies over their assets as security for loans; the registration of charges; the priority of charges on insolvency; and the avoidance of charges under the Insolvency Act 1986.
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Moore, Imogen. 7. Minority Shareholder Remedies. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198745228.003.0007.
Full textAbstract:
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on minority shareholder remedies, which provide some limited protection or avenues of redress for a shareholder with grievances concerning the actions of the company, directors, or majority shareholders. The chapter explores, in particular: the rule in Foss v Harbottle, derivative claims; personal claims and the issue of reflective loss; the ‘unfair prejudice’ remedy in Companies Act 2006, s. 994; and petitions to wind up the company on the ‘just and equitable’, ground under Insolvency Act 1986, s. 122(1)(g).
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Moore, Imogen. Concentrate Questions and Answers Company Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198745228.001.0001.
Full textAbstract:
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions; suggested answers with commentary; illustrative diagrams; guidance on how to develop your answer; key debates; suggestions for further reading; and advice on exams and coursework. Concentrate Q&A Company Law offers expert advice on what to expect from your company law exam and coursework, how best to prepare, and guidance on what examiners are really looking for. Written by an experienced examiner, it provides: reminders of points to consider; indications of key debates for each topic; exam-length suggested answers; clear commentary with each answer; diagram answer plans; cautionary points; tips to make your answer stand out from the crowd; and annotated further reading suggestions at the end of every chapter. The book should help you to: identify typical company law exam questions; structure and write a first-class answer; avoid common mistakes; show the examiner what you know; develop and demonstrate your understanding; identify connections between topics; and find relevant and helpful further reading. As well as separate chapters on exam skills, and preparing coursework, it covers: companies and corporate personality; the corporate constitution; shares and shareholders; directors’ duties; company management and governance; minority shareholder remedies; corporate liability (contracts, torts, and crimes); share capital; loan capital; corporate insolvency; and mixed topic questions. The book is suitable for undergraduate students taking a module in company law on the LLB and GDL, and undergraduate students studying aspects of company law on other degree courses.
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Moore, Imogen. Concentrate Questions and Answers Company Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198819882.001.0001.
Full textAbstract:
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes: typical questions; suggested answers with commentary; illustrative diagrams; guidance on how to develop your answer; key debates; suggestions for further reading; and advice on exams and coursework. Concentrate Q&A Company Law offers expert advice on what to expect from your company law exam and coursework, how best to prepare, and guidance on what examiners are really looking for. Written by an experienced examiner, it provides: reminders of points to consider; indications of key debates for each topic; exam-length suggested answers; clear commentary with each answer; diagram answer plans; cautionary points; tips to make your answer stand out from the crowd; and annotated further reading suggestions at the end of every chapter. The book should help you to: identify typical company law exam questions; structure and write a first-class answer; avoid common mistakes; show the examiner what you know; develop and demonstrate your understanding; identify connections between topics; and find relevant and helpful further reading. As well as separate chapters on exam skills and preparing coursework, it covers: companies and corporate personality; the corporate constitution; shares and shareholders; directors’ duties; company management and governance; minority shareholder remedies; corporate liability (contracts, torts, and crimes); share capital; loan capital; and corporate insolvency. The book is suitable for undergraduate students taking a module in company law on the LLB and GDL, and undergraduate students studying aspects of company law on other degree courses.
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Moore, Imogen. Concentrate Questions and Answers Company Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198856726.001.0001.
Full textAbstract:
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes: typical questions; suggested answers with commentary; illustrative diagrams; guidance on how to develop your answer; key debates; suggestions for further reading; and advice on exams and coursework. Concentrate Q&A Company Law offers expert advice on what to expect from your company law exam and coursework, how best to prepare, and guidance on what examiners are really looking for. Written by an experienced examiner, it provides: reminders of points to consider; indications of key debates for each topic; exam-length suggested answers; clear commentary with each answer; diagram answer plans; cautionary points; tips to make your answer stand out from the crowd; and annotated further reading suggestions at the end of every chapter. The book should help you to: identify typical company law exam questions; structure and write a first-class answer; avoid common mistakes; show the examiner what you know; develop and demonstrate your understanding; identify connections between topics; and find relevant and helpful further reading. As well as separate chapters on exam skills and preparing coursework, it covers: companies and corporate personality; the corporate constitution; shares and shareholders; directors’ duties; company management and governance; minority shareholder remedies; corporate liability (contracts, torts, and crimes); share capital; loan capital; and corporate insolvency. The book is suitable for undergraduate students taking a module in company law on the LLB and GDL, and undergraduate students studying aspects of company law on other degreecourses.
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Cabrelli, David. Employment Law in Context. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198813149.001.0001.
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Employment Law in Context combines extracts from leading cases, articles, and books with commentary to provide a full critical understanding of employment law. As well as providing a grounding in individual labour law, this title offers detailed analysis of the social, economic, political, and historical context in which employment law operates, drawing attention to key and current areas of debate. An innovative running case study contextualizes employment law and demonstrates its practical applications by following the life-cycle of a company from incorporation, through expansion, to liquidation. Reflection points and further reading suggestions are included. The volume is divided into eight main Parts. The first Part provides an introduction to employment law. The next Part looks at the constitution of employment and personal work contracts. This is followed by Part III which examines the content of the personal employment contract and the obligations imposed by the common law on employers and employees. The fourth Part is about statutory employment rights. The fifth Part covers equality law. Part VI looks at the common law and statutory regulation of dismissals. The Part that follows considers business reorganizations, consultation, and insolvency. Finally, Part VIII describes collective labour law.
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Cabrelli, David. Employment Law in Context. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198840312.001.0001.
Full textAbstract:
Employment Law in Context combines extracts from leading cases, articles, and books with commentary to provide a full critical understanding of employment law. As well as providing a grounding in individual labour law, this title offers detailed analysis of the social, economic, political, and historical context in which employment law operates, drawing attention to key and current areas of debate. An innovative running case study contextualizes employment law and demonstrates its practical applications by following the life-cycle of a company from incorporation, through expansion, to liquidation. Reflection points and further reading suggestions are included. The volume is divided into eight main Parts. The first Part provides an introduction to employment law. The next Part looks at the constitution of employment and personal work contracts. This is followed by Part III, which examines the content of the personal employment contract and the obligations imposed by the common law on employers and employees. The fourth Part is about statutory employment rights. The fifth Part covers equality law. Part VI looks at the common law and statutory regulation of dismissals. The Part that follows considers business reorganizations, consultation, and insolvency. Finally, Part VIII describes collective labour law.
Book chapters on the topic "Insolvency suggestion"
1
Moore, Imogen. "11. Corporate Insolvency." In Concentrate Questions and Answers Company Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198856726.003.0011.
Full textAbstract:
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on corporate insolvency. It considers the important and topical subject of corporate rescue, reviewing, in particular, administration and company voluntary arrangements. The chapter addresses several issues relating to liquidation, including: winding up petitions and the meaning of ‘inability to pay debts’; assets available to creditors; distribution of assets to creditors; priority of claims; the pari passu principle; and transaction avoidance (dispositions of property after the commencement of winding up, transactions at an undervalue, preferences, voidable floating charges, and transactions defrauding creditors). The potential liability of directors on a company’s insolvent liquidation is considered, concentrating on wrongful and fraudulent trading and disqualification.
2
Moore, Imogen. "11. Corporate Insolvency." In Concentrate Questions and Answers Company Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198819882.003.0011.
Full textAbstract:
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on corporate insolvency. It considers the important and topical subject of corporate rescue, reviewing, in particular, administration and company voluntary arrangements. The chapter addresses several issues relating to liquidation, including: winding up petitions and the meaning of ‘inability to pay debts’; assets available to creditors; distribution of assets to creditors; priority of claims; the pari passu principle; and transaction avoidance (dispositions of property after the commencement of winding up; transactions at an undervalue; preferences; voidable floating charges; and transactions defrauding creditors). The potential liability of directors on a company’s insolvent liquidation is considered, concentrating on wrongful and fraudulent trading and disqualification.
3
Moore, Imogen. "10. Loan Capital." In Concentrate Questions and Answers Company Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198856726.003.0010.
Full textAbstract:
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines loan capital—borrowing by companies. It focuses on: the legal distinction between fixed and floating charges created by companies over their assets as security for loans, the registration of charges, applications for extension of the period for registration, the priority of charges on insolvency, and the avoidance of charges under the Insolvency Act 1986.
4
Moore, Imogen. "10. Loan Capital." In Concentrate Questions and Answers Company Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198819882.003.0010.
Full textAbstract:
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines loan capital—borrowing by companies. It focuses on: the legal distinction between fixed and floating charges created by companies over their assets as security for loans; the registration of charges; applications for extension of the period for registration; the priority of charges on insolvency; and the avoidance of charges under the Insolvency Act 1986.
5
Moore, Imogen. "7. Minority Shareholder Remedies." In Concentrate Questions and Answers Company Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198856726.003.0007.
Full textAbstract:
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on minority shareholder remedies, which provide some limited protection or avenues of redress for a shareholder with grievances concerning the actions of the company, directors, or majority shareholders. The chapter explores, in particular: the rule in Foss v Harbottle; derivative claims; personal claims and the issue of reflective loss; the ‘unfair prejudice’ remedy in Companies Act 2006, s. 994; and petitions to wind up the company on the ‘just and equitable’ ground under Insolvency Act 1986, s. 122(1)(g).
6
Moore, Imogen. "7. Minority Shareholder Remedies." In Concentrate Questions and Answers Company Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198819882.003.0007.
Full textAbstract:
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on minority shareholder remedies, which provide some limited protection or avenues of redress for a shareholder with grievances concerning the actions of the company, directors, or majority shareholders. The chapter explores, in particular: the rule in Foss v Harbottle; derivative claims; personal claims and the issue of reflective loss; the ‘unfair prejudice’ remedy in Companies Act 2006, s. 994; and petitions to wind up the company on the ‘just and equitable’, ground under Insolvency Act 1986, s. 122(1)(g).
7
Mallon, Christopher, Shai Y. Waisman, and Ray C. Schrock. "Emergency Sales in the US and the UK." In The Law and Practice of Restructuring in the UK and US. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198755395.003.0002.
Full textAbstract:
Any business that relies on confidence in its financial position, its brand name or goodwill, talented (but mobile) employees, or short-term contracts with customers or counterparties will be particularly hard hit by suggestions that it is or may soon be experiencing financial distress. Businesses of this type have been likened to ‘melting ice cubes’—once exposed to the heat of potential insolvency, value in the business melts away rapidly as customers and counterparties look to terminate relationships, key employees look to exit, and the goodwill and brand name of the business become tarnished. The catastrophic and rapid collapse during 2008 of famous Wall Street and the City of London names illustrated this in dramatic fashion, but businesses of almost every type will suffer negative effects once financial difficulties become more widely known.