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Journal articles on the topic 'The insolvency administrator'

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1

Sproge, Daiga. "The Debtor’s Property Selling in the Cross-Border Insolvency Proceedings." Economics and Culture 13, no. 1 (2016): 76–87. http://dx.doi.org/10.1515/jec-2016-0010.

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Abstract The title of this research is “The debtor’s property selling in the cross-border insolvency proceedings”. The insolvency proceeding gets the cross-border status also in case, if a debtor is an owner of the property outside of the main interests’ centre, namely, in another country. Therefore, there are many problematic cases when insolvency administrator (also called insolvency practitioner) defines the real estate in this other country and has to make a decision concerning the methods of selling the real estate in accordance with the law of the Member State in which territory the inso
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2

Vukelić, Mario. "Zakup i najam nekretnina i stečajni dužnik kao ugovaratelj." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, no. 1 (2017): 631–46. http://dx.doi.org/10.30925/zpfsr.38.1.23.

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This paper analyses the legal consequences of initiating insolvency proceedings with respect to entering into, cancellation, termination or withdrawal from a Real Property Lease or Rent Agreement. The position of the insolvency debtor as tenant or lessee, and as landlord or lessor, as well as the right of the insolvency administrator to choose to continue with, to withdraw from, to cancel or terminate such agreements are discussed herein. The provisions of the Insolvency Act and other acts are taken into consideration, since such acts regulate real property lease and rent issues, and which ref
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3

Crhová, Zuzana, Zuzana Fišerová, and Marie Paseková. "Corporate Insolvency Proceedings: A Case of Visegrad Four." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 64, no. 1 (2016): 235–43. http://dx.doi.org/10.11118/actaun201664010235.

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Insolvency proceeding and liquidation of bankrupt companies are important topics in days of economic slowdown which affected all economies after financial crisis. This paper aims to find main differences between insolvency proceedings in the countries of Visegrad four. The main goal is to describe insolvency law in member countries and then to compare it from the poin of view of main actors. This comparison can help to find which changes and ideas could be applied to improve and make more effective the Czech insolvency system. The countries of Visegrad four was selected because of their common
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4

Kronis, Ivars. "CRIMINAL LIABILITY FOR DELAYING INSOLVENCY PROCEEDINGS." Administrative and Criminal Justice 1, no. 78 (2017): 4. http://dx.doi.org/10.17770/acj.v1i78.2800.

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The article analyzes the legal norm, which provides for the criminal liability of the administrator and the representative of the debtor within the framework of legal entity insolvency proceedings or of the insolvent natural person in these proceedings. Up to now the criminal law science of Latvia discussed the issue of criminal aspects of delaying insolvency proceedings, however the authors, who researched them, did not go into details or analyzed them in conjunction with the previous insolvency regulation. This is indicative of the topicality of the theme, the importance of theoretical and p
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5

Lepetić, Jelena. "Disputed claims and mediation in Serbian insolvency law: De lege lata and de lege ferenda." Pravo i privreda 58, no. 3 (2020): 156–76. http://dx.doi.org/10.5937/pip2003156l.

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In this paper, the author analyses the Insolvency Act's provisions on mediation. Firstly, the author points out the existence of a special legal regime for mediation of disputes related to the determination of claims, which differs from the general regime of mediation. Afterwards, the provisions on initiating mediation proceedings are analysed, with the special emphasis on the persons authorized to submit proposal for resolving a dispute in the mediation procedure according to the provisions of the Insolvency Act as well as the role of the creditors' committee in this regard. Then, the author
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6

McCormack, Gerard. "Control and Corporate Rescue–An Anglo-American Evaluation." International and Comparative Law Quarterly 56, no. 3 (2007): 515–51. http://dx.doi.org/10.1093/iclq/lei181.

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AbstractThis article compares and contrasts Chapter 11 of the US Bankruptcy Code with the UK administration procedure under the Insolvency and Enterprise Acts. It focuses in particular on who runs a company during the restructuring process—debtor-in-possession or management displacement in favour of an outside administrator. Various reasons have been given to explain the US/UK divergence in this respect including differences in entrepreneurial culture and differences in the lending markets in the two countries. The article suggests that the divergence cannot be reduced to a single factor but i
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7

Poiedynok, V. V., and I. V. Kovalenko. "RESPONSIBILITY OF DIRECTORS IN BANKRUPTCY PROCEDURES UNDER EU LAW AND INDIVIDUAL MEMBER STATES OF EU." Economics and Law, no. 1 (April 15, 2021): 48–60. http://dx.doi.org/10.15407/econlaw.2021.01.048.

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The Bankruptcy Proceedings Code of Ukraine provides for the possibility of imposing liability under the obligations of the debtor – a legal person on the founders (stakeholders, shareholders) or other persons who have the right to give mandatory instructions to the debtor or have the opportunity to otherwise determine his actions. As a result, "comfortable" organizational forms of companies, such as LLCs and JSCs, have become risky for investors; managers, who may be employees, bear risk too. The article analyzes the legislation of the EU and some EU member states (Germany, France, Spain, the
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8

Kronis, Ivars. "CREDITOR CLAIMS IN THE INSOLVENCY PROCEEDINGS OF A LEGAL ENTITY." Administrative and Criminal Justice 3, no. 76 (2016): 44. http://dx.doi.org/10.17770/acj.v3i76.2856.

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The study “Creditor claims in the insolvency proceedings of a legal entity” contains analysis of the legal norms that prescribe the filing and verification of creditor claims, decisions adopted by administrator concerning creditor claims, as well as the procedure for filing of creditor claims and complaints related to the acknowledging, waiver or partial acknowledging of creditor claims. The issue of creditor claims in the insolvency proceedings of legal entities is studied in details on the basis of the legal regulations and conclusions of application theory and practice. The study contains n
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9

KOSTIN, A. A. "DISPUTING TRANSACTIONS IN A RUSSIAN COURT IN THE FRAMEWORK OF FOREIGN BANKRUPTCY." Civil Law Review 21, no. 1 (2021): 197–218. http://dx.doi.org/10.24031/1992-2043-2021-21-1-197-218.

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​ The article addresses the special features of avoidance transactions of a foreign insolvent debtor for alienation of property within Russian Federation. The author argues that the power of the foreign insolvency administrator to bring a claim to challenge the transaction stems from the Arts. 1195–1197 and 1202 of the Civil Code of the Russian Federation regarding the law applicable to the legal capacity of a person. On the separate line the article discusses the issue of law applicable to challenging of various categories of transactions of a foreign debtor. Based on the analysis of the doct
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10

Nwafor, Anthony O. "The goal(s) of corporate rescue in company law: A comparative analysis." Corporate Board role duties and composition 13, no. 2 (2017): 20–31. http://dx.doi.org/10.22495/cbv13i2art2.

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The concept of corporate rescue lays emphasis on corporate sustainability than liquidation. This trend in corporate legislation which featured in the United Kingdom Insolvency Act of 1986, Australian Corporations Act 2001, Indian Sick Industrial Companies (Special Provisions) Act of 1985 (as replaced by Companies Act, 2013 and supplanted by the Insolvency and Bankruptcy Code, 2016) has been adopted in the South African Companies Act of 2008. The goal(s) of corporate rescue in some of these jurisdictions are not clearly defined. The paper examines, through a comparative analysis, the relevant s
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11

Sealy, L. S. "FLOATING CHARGES—COSSLETTIN THE HOUSE OF LORDS." Cambridge Law Journal 61, no. 2 (2002): 239–94. http://dx.doi.org/10.1017/s0008197302341606.

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Here we are concerned with two cases involving the same parties. The first is reported as Re Cosslett (Contractors) Ltd. [1997] Ch. 23, [1998] Ch. 495, and was noted in [1997] C.L.J. 257 and [1998] C.L.J. 22. Cosslett, an engineering firm, had brought two large coal-washing machines on to a site belonging to the local council pursuant to a contract to reclaim land on which colliery waste had been dumped. Cosslett ran into financial difficulties and abandoned the work, and was later put into administration. The council, acting under a power conferred by the contract, used the machines to finish
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12

Sarnakov, Igor Valerievich, Aleksandra Vadimovna Sarnakova, Igor Valentinovich Matveev, Natalya Alekseevna Matveeva, and Ekaterina Sergeevna Yulova. "The problem of insufficient debtor’s property during bankruptcy." SHS Web of Conferences 118 (2021): 04006. http://dx.doi.org/10.1051/shsconf/202111804006.

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The purpose of the study is to determine the key factors affecting the occurrence of insufficiency of debtors’ property in modern conditions, as well as to formulate the main directions of overcoming them. The methodological basis of the research was the dialectical method of scientific knowledge, general scientific (analysis, synthesis, modeling), and special scientific methods (formal and legal, statistical). The result of the work was the formulation and substantiation of tasks, the setting of which is necessary for further scientific research aimed at increasing the number of satisfied cre
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13

Telyukina, Marina V., and K. B. Shukurova. "Competition Status of a Unitary Enterprise: Some Problems." Cuestiones Políticas 39, no. 68 (2021): 777–86. http://dx.doi.org/10.46398/cuestpol.3968.50.

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Problems arising from the insolvency (bankruptcy) procedures of a unitary undertaking are currently very relevant, since, in the context of competition relations, the redistribution of ownership may also take place outside the framework of privatization legislation. This article is dedicated to the analysis of both theoretical and practical problems of the competitiveness of a unitary company. The authors of the paper point out that the lack of a special term for the designation of unitary enterprises on the right to economic management is one of the systemic shortcomings of Russian doctrine o
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14

Nola, Luthvi Febryka. "KEDUDUKAN KONSUMEN DALAM KEPAILITAN (THE POSITION OF CONSUMER IN BANKRUPTCY)." Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan 8, no. 2 (2017): 255–70. http://dx.doi.org/10.22212/jnh.v8i2.1069.

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Bankruptcy and suspension of obligation for debt repayment is one of dispute resolution mechanisms that can be chosen by parties with an aim of solving the problem in an economical and transparent manner. This mechanism is regulated in Law No. 37 of 2004 of Bankruptcy and Suspension of Obligation for Debt Repayment (Insolvency Law). However, the Law has faced many problems in its implementation mainly related to consumer protection. This paper will discuss consumer position related to bankruptcy and its implementation. The author finds that consumer position in bankruptcy is not only govern by
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15

Dinis, Ana Cristina dos Santos Arromba, Cidália Maria da Mota Lopes, Alexandre Miguel Fernandes Gomes da Silva, and Pedro Miguel de Jesus Marcelino. "Taxation of Insolvent Companies: Empirical Evidence in Portugal." Revista Contabilidade & Finanças 27, no. 70 (2016): 43–54. http://dx.doi.org/10.1590/1808-057x201500020.

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This article discusses the issue of taxation of insolvent companies in Portugal, particularly regarding the Portuguese tax on revenue of legal entities (IRC). For this purpose, first, some considerations on the legal framework of insolvent companies are woven and, second, their tax regime is analyzed. Then, a brief review of the main studies that, in the international context, analyze and debate major issues derived from the tax regime of insolvent companies is conducted, particularly in Brazil, Spain, United States, and Italy. Finally, there are the results of an empirical study conducted in
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16

Ellice, Sebastian. "Is Voluntary Administration Failing Companies? An Investigation into the Operation of Voluntary Administration in New Zealand from Inception to 2019." Victoria University of Wellington Law Review 52, no. 1 (2021): 29–58. http://dx.doi.org/10.26686/vuwlr.v52i1.6844.

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This article investigates the operation of voluntary administration in New Zealand from inception in 2007 to 2019. Voluntary administration is a formal insolvency procedure that is intended to maximise an insolvent company's chances of rehabilitation. Research undertaken for this article suggests that voluntary administration is not operating as was intended. It appears to have been underused and largely ineffective as a business rehabilitation mechanism. This article suggests that contributing reasons for the findings of the research include cost barriers for small businesses, a lack of confi
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17

Anderson, Helen. "Insolvency—It's all about the Money." Federal Law Review 46, no. 2 (2018): 287–312. http://dx.doi.org/10.1177/0067205x1804600205.

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The most desirable outcome from corporate insolvency is one that achieves the greatest return for all creditors including revenue authorities; minimises the cost of administering the system so that money is not pointlessly consumed; lessens reliance on government safety nets; and deters and punishes those who would use insolvency to their own advantage. This paper explores these intersecting priorities and argues for a new approach to insolvency administration that achieves these objectives.
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18

Wardrop, Ann. "Systemic Privatizations and the Failure to ‘Shrink the State’: The Regulation of Insolvent Essential Services in the United Kingdom and Australia." Common Law World Review 34, no. 4 (2005): 336–62. http://dx.doi.org/10.1350/clwr.2005.34.4.336.

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Utilizing Feigenbaum, Henig and Hammett's typology, privatizations in the UK and Australia may be described as ‘systemic’ in the sense that their aim has been in part to ‘shrink the state’. Privatizations of essential services such as water, rail and energy in both countries appear to have failed in this endeavour. One example of this failure in the UK is the proliferation of special administration regimes which are initiated by the state and regulate the resolution of essential service insolvency. The recent introduction of an energy administration procedure in the Energy Act 2004 (UK) is yet
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19

Flores, Marta. "The Recognition and Enforcement of UK Insolvency Proceedings in Spain After a Hard-Brexit. Special Reference to Schemes of Arrangement." European Company and Financial Law Review 18, no. 3 (2021): 377–97. http://dx.doi.org/10.1515/ecfr-2021-0017.

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Abstract After Brexit, the United Kingdom will become a third State to all effects. As far as insolvency is related, this will imply substantial changes regarding the recognition and enforcement of the UK insolvency proceedings. This paper purports to analyze the consequences a Hard-Brexit will have on insolvency-related matters, by describing the effects that should be expected with regard to the recognition in Spain of each of the proceedings that the UK legislation foresees for financially distressed debtors, namely administration, winding-up, voluntary agreements, bankruptcy and schemes of
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20

Osmanov, O. A. "TEMPORARY ADMINISTRATION IN THE LEGISLATION ON INSOLABILITY OF FINANCIAL ORGANIZATIONS." Law Нerald of Dagestan State University 35, no. 3 (2020): 82–85. http://dx.doi.org/10.21779/2224-0241-2020-35-3-82-85.

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This article is devoted to the analysis of the legislation on insolvency (bankruptcy) of financial organizations. The main methods for achieving results are formal legal, systemic, comparative legal, separate logical techniques, methods of interpretation of regulatory documents. The article is of a scientific and practical nature and explores certain aspects of the legal status of the provisional administration in cases of insolvency of financial organizations. The bankruptcy of the latter is endowed by the legislator with very significant features. The author made an attempt to investigate th
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21

Mabe, Zingaphi. "Alternatives to Bankruptcy in South Africa that Provides for a Discharge of Debts: Lessons from Kenya." Potchefstroom Electronic Law Journal 22 (March 12, 2019): 1–34. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5364.

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The problems faced by debtors in South Africa is not that there are no alternatives to insolvency proceedings, but that the available alternatives do not provide for a discharge of debt as with a sequestration order, which is ultimately what the debtor seeks to achieve. Debtors in South Africa can make use of debt review in terms of the National Credit Act 34 of 2005 or administration orders in terms of the Magistrates' Court Act 32 of 1944 to circumvent the sequestration process. However, both debt review and administration orders do not provide for a discharge of debt and provide for debt-re
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22

Gant, Jennifer L. L., and Jenny Buchan. "Moral Hazard, Path Dependency and Failing Franchisors: Mitigating Franchisee Risk Through Participation." Federal Law Review 47, no. 2 (2019): 261–87. http://dx.doi.org/10.1177/0067205x19831841.

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Employment relations are well understood. Business format franchising is a newer and rapidly evolving business expansion formula, also providing employment. This article compares the fates of employees and franchisees in their employer/franchisor insolvency. Whereas employees enjoy protection, franchisees continue to operate in conditions that have been described as Feudal. We identify the inherence of moral hazard, path dependency and optimism bias as reasons for the failure of policies and corporations laws, globally, to adapt to the franchise relationship. This failure comes into sharp focu
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23

Routledge, James, and David Morrison. "Insolvency administration as a strategic response to financial distress." Australian Journal of Management 37, no. 3 (2012): 441–59. http://dx.doi.org/10.1177/0312896211428494.

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24

Podviezko, Kurschus, and Lapinskiene. "Eliciting Weights of Significance of Criteria for a Monitoring Model of Performance of SMEs for Successful Insolvency Administrator’s Intervention." Sustainability 11, no. 20 (2019): 5667. http://dx.doi.org/10.3390/su11205667.

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Small and medium-sized enterprises (SMEs) are accounted for as a major part of the economy of the EU in terms of part of the population employed, turnover, value-added, etc. Causes of insolvency of SMEs can be different; they are categorized in the paper. A considerable shift from resolving cases of bankruptcy with the sole aim to satisfy creditors’ rights to augmenting and enhancing liquidation and reorganization procedures evolved interest of the authors in creating efficient bankruptcy prediction models and, in particular, methodologies for evaluation and monitoring of the performance of SM
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25

Čulinović-Herc, Edita, Antonija Zubović, and Mihaela Braut Filipović. "The preventive restructuring of companies in difficulties." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no. 4 (2019): 1447–78. http://dx.doi.org/10.30925/zpfsr.39.4.1.

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The Republic of Croatia is facing the biggest restructuring of companies in difficulties with substantial involvement of international financial investors. Restructuring is implemented according to a newly adopted Act on extraordinary administration proceeding in companies of systemic significance for the Republic of Croatia. The latter Act was adopted in the aftermath of the business failure of the major retailer i.e. the Agrokor group. The restructuring of the group has soon become a very sensitive political issue and a topic of heated public discussions. The Act has been heavily criticized
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26

McCormack, Gerard. "US exceptionalism and UK localism? Cross-border insolvency law in comparative perspective." Legal Studies 36, no. 1 (2016): 136–62. http://dx.doi.org/10.1111/lest.12096.

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This paper addresses how the UNCITRAL Model Law on Cross-Border Insolvency has been implemented and interpreted in the US and the UK. The Model Law has attained a measure of international acceptance and is intended to achieve greater efficiencies in the administration of insolvency cases with transnational dimensions. But different manners of implementation in different countries and differing interpretations may hinder the prospects for harmonisation and coordination of laws. The paper will address in particular whether US interpretations differ from those in the UK and whether the US decisio
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27

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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28

Pond, Keith. "Administration of recoveries in individual insolvency: case studies of two UK banks." European Journal of Finance 8, no. 2 (2002): 206–21. http://dx.doi.org/10.1080/13518470110071191.

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29

Ng, Christina Y. M. "“One country, two systems” – insolvency administration in the People’s Republic of China." Managerial Auditing Journal 17, no. 7 (2002): 363–73. http://dx.doi.org/10.1108/02686900210437462.

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30

Bruni�, Gian Bruno. "The New Italian Law on Extraordinary Administration of Large Enterprises in Insolvency." International Insolvency Review 9, no. 2 (2000): 137–46. http://dx.doi.org/10.1002/1099-1107(200022)9:2<137::aid-iir69>3.0.co;2-l.

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31

Krivchanskaya, A. V. "FINANCIAL MECHANISMS AND INSTRUMENTS OF SOLVING THE PROBLEM OF THE INSOLVENCY OF MUNICIPALITIES: RUSSIAN PRACTICE AND FOREIGN EXPERIENCE." Business Strategies, no. 2 (March 11, 2019): 03–11. http://dx.doi.org/10.17747/2311-7184-2019-2-03-11.

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Currently, the problem of fiscal insolvency is relevant for the majority of municipalities of the Russian Federation, whose poor condition is indicated by the low share of own revenues and significant amounts of debt obligations of municipal budgets. On the basis of the analysis of the legal and regulatory framework, the work of specialists skilled in the art, as well as the author’s personal research on the practice of applying temporary financial administration, the most significant causes of this state are highlighted: the insufficiency of municipal financial resources to ensure their expen
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32

Filip, Petru, and Bogdan Radu. "Insolvency of the Romanian Administrative - Territorial Units. Novelty and Challenge for the Public Administration." Procedia Economics and Finance 22 (2015): 26–35. http://dx.doi.org/10.1016/s2212-5671(15)00223-3.

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33

Frieden, Matthias, and Stefan Wielenberg. "Insolvency administrator’s incentives and the tradeoff between creditor satisfaction and efficiency in bankruptcy procedures." Business Research 10, no. 2 (2017): 159–87. http://dx.doi.org/10.1007/s40685-017-0047-x.

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34

Kelmere, Laila, and Ingrīda Jakušonoka. "THE COMPANY'S INSOLVENCY IMPACT ON TAX COLLECTION PROCESS." Science and Studies of Accounting and Finance: Problems and Perspectives 9, no. 1 (2014): 52–64. http://dx.doi.org/10.15544/ssaf.2014.06.

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Tax revenues are the key source of finance for the government’s budget. The state administration redistributes and allocates tax revenues for performing the state’s basic functions in order to ensure the overall development of the country and its population’s wellbeing. The availability of credit resources declined owing to the global crisis 2007-2009, which negatively affected the growth of Latvia’s national economy, and the total tax revenue decreased by 26.80% in 2009 compared with 2008. Latvia’s government, to secure the financing of its budget, stabilise Latvia’s financial system, raise t
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35

Nosan, N. "The role of banks’ financial recovery in the context of increasing public confidence in banking system of Ukraine." Galic'kij ekonomičnij visnik 66, no. 5 (2020): 113–19. http://dx.doi.org/10.33108/galicianvisnyk_tntu2020.05.113.

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The role of reorganization measures in improving the financial condition of troubled banks in Ukraine in order to increase public confidence in banking system is investigated in this paper. It is noted that instability of the banking system of Ukraine reduces the liquidity of banking institutions, can result in bankruptcy. The application of ineffective rehabilitation tools can lead to the institution dissolution. It reduces the level of public confidence in banking system of Ukraine. Five main factors of the low level of public confidence in banking system of Ukraine (massive bank closing, lo
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36

Suvorov, E. D. "On the Issue of the Concept of Bankruptcy." Lex Russica, no. 11 (November 15, 2020): 21–34. http://dx.doi.org/10.17803/1729-5920.2020.168.11.021-034.

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The paper justifies the statement concerning the multiplicity of the concept of “bankruptcy”, and interpretes the relevant meanings. The author states that bankruptcy can be considered as: 1. an economic condition, failure to satisfy creditors’ claims, including the failure recognized by the court; 2. a procedure; 3. an objection on behalf of the debtor; 4. a basis for a special settlement regime with creditors and such a special settlement regime itself; 5. a type of enforcement proceedings; 6. a way of authorizing insolvency; 7. a model of administration; 8. a basis and order of liquidation
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37

Brotchie, James, and David Morrison. "Insolvent trading and voluntary administration in Australia: economic winners and losers?" Accounting & Finance 60, no. 1 (2017): 409–34. http://dx.doi.org/10.1111/acfi.12319.

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38

Dukić-Mijatović, Marijana, and Ozren Uzelac. "Origin and legal regulation of the second chance for entrepreneurs in the European Union." Strani pravni zivot, no. 1 (2021): 91–104. http://dx.doi.org/10.5937/spz65-28236.

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In the history of human civilization, there has always been the problem of overindebtedness and personal bankruptcy, as well as the tendency to protect such persons to some extent from excessive sanctions or the consequences of their insolvency. Benevolence towards the debtor is limited by the existence of conditions of conscientiousness and honesty of the debtor in all legal systems, while the amount of debt forgiveness is different. Debt relief and providing a new chance to the entrepreneur is a kind of systemic social measure that should ensure the employment of the individual and his famil
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39

BARTH, JAMES R., R. DAN BRUMBAUGH, JR., DANIEL SAUERHAFT, and GEORGE H. K. WANG. "INSOLVENCY AND RISK-TAKING IN THE THRIFT INDUSTRY: IMPLICATIONS FOR THE FUTURE." Contemporary Economic Policy 3, no. 5 (1985): 1–32. http://dx.doi.org/10.1111/j.1465-7287.1985.tb00818.x.

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40

Briggs, Aidan. "Scope creep: deleting beneficiaries’ interests in the name of cost-efficiency?" Trusts & Trustees 25, no. 8 (2019): 830–34. http://dx.doi.org/10.1093/tandt/ttz071.

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Abstract The Re Benjamin jurisdiction has been given a new and unexpected lease of life by recent developments in the administration of insolvent financial institutions following Lehman Brothers. But are such developments based on sound principles, or does the practice of the court provide adequate protection for the interests of beneficiaries?
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41

Camska, Dagmar, Jiri Klecka, and Hana Scholleova. "Influence of age on selected parameters of insolvent companies." Problems and Perspectives in Management 19, no. 2 (2021): 77–90. http://dx.doi.org/10.21511/ppm.19(2).2021.07.

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It is natural for the market economy that companies are forced to leave the market when they are not able to survive anymore. This paper is focused on the age structure of the companies in default. The age is considered a period between corporate establishment and insolvency declaration. The paper analyzes whether companies, which report financial accounting statements, have different age structure than non-reporting entities. Data sample consists of 212 companies (147 reporting and 65 non-reporting entities). Moreover, the analysis points out if corporate financial standing differ according t
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Kutasi, Gábor. "Banking contagion under different exchange rate regimes in CEE." Society and Economy 37, no. 1 (2015): 109–27. http://dx.doi.org/10.1556/socec.37.2015.1.6.

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The global crisis of 2008 caused both liquidity shortage and increasing insolvency in the banking system. The study focuses on credit default contagion in the Central and Eastern European (CEE) region, which originated in bank runs generated by non-performing loans granted to non-financial clients. In terms of methodology, the paper relies on the one hand on review of the literature, and on the other hand on a data survey with comparative and regression analysis. To uncover credit default contagion, the research focuses on the combined impact of foreign exchange rates and foreign private indeb
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Kravchenko, Artur Georgievich, Aleksei Igorevich Ovchinnikov, Aleksei Yur'evich Mamychev, and Sergei Alekseevich Vorontsov. "Usage of digital technologies in the area of corruption prevention." Административное и муниципальное право, no. 6 (June 2020): 52–63. http://dx.doi.org/10.7256/2454-0595.2020.6.33458.

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The subject of this article is certain anti-corruption trends that utilize digital technologies and can be taken into account in setting the priorities of anti-corruption legal policy of the Russian state. The author examines new opportunities for corruption prevention in the conditions of systematic implementation of information and communication technologies in the area of public administration. The goal of this work is to outline new opportunities for corruption prevention using digital technologies in public administration and various spheres of social life. The scientific novelty lies in
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Brandon, William P., and Zachary Mohr. "Securing Social Security Solvency." Politics and the Life Sciences 38, no. 2 (2019): 144–67. http://dx.doi.org/10.1017/pls.2019.16.

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AbstractAdequate income is a social determinant of health. In the United States, only Social Security beneficiaries receive inflation-protected guaranteed income. Social Security needs another 1983 compromise in which stakeholders accepted “shared pain” to avoid insolvency. We propose indexing the benefit using the chained consumer price index (CPI) for all urban consumers and providing a one-time bonus of 8% to 10% for beneficiaries in their mid-80s, when needs become greater. The chained CPI has little impact when beneficiaries start receiving benefits, but older beneficiaries need protectio
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Barrow, Clyde W. "Corporate Liberalism, Finance Hegemony, and Central State Intervention in the Reconstruction of American Higher Education." Studies in American Political Development 6, no. 2 (1992): 420–44. http://dx.doi.org/10.1017/s0898588x00001036.

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The origins of the American university system are generally traced to a reform cycle that began in the late 1890s and culminated in the 1920s when most colleges and universities adopted institutional structures, faculty routines, and financial systems that approximated those of a modern corporation. As contemporary educational historians have rewritten the saga of higher education reform, the institutional changes that swept through colleges during this formative period have come to be viewed as a virtually inevitable functional response to the demands of political and economic modernization.
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Smith, Lionel. "Unauthorized Dispositions of Trust Property: Tracing in Quebec Law." McGill Law Journal 58, no. 4 (2013): 795–809. http://dx.doi.org/10.7202/1019044ar.

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The trustee of a Quebec trust is an administrator of the property of others, with full administration. As such, he holds a wide range of powers over the trust property; typically, his powers will exceed his authority, in the sense that it will be possible for him to make unlawful dispositions of the trust property. In such a case, he will be liable of course, but sometimes, particularly if the trustee is insolvent or absent, it will be important to understand the effects of the unauthorized dispositions on the trust property. For example, it may be possible for beneficiaries or other intereste
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Benitez Palma, Enrique. "Las múltiples dimensiones de la protección a los denunciantes (whistleblowers)." Revista Española de la Transparencia, no. 13 (September 26, 2021): 47–57. http://dx.doi.org/10.51915/ret.193.

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La insolvencia de una de las grandes promesas del universo FinTech, la empresa alemana de servicios de pago Wirecard, desvelada gracias a una continuada filtración interna al diario Financial Times, ha motivado la creación de sendas comisiones de investigación en el parlamento alemán (Bundestag) y europeo para tratar de mejorar los mecanismos públicos de supervisión de las grandes corporaciones financieras digitales. Ha sido muy cuestionado el papel jugado por la BaFin, la autoridad alemana de supervisión, así como la defensa a ultranza de Wirecard en un ejercicio de nacionalismo económico col
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Maria Priego, Alba, Montserrat Manzaneque Lizano, and Elena Merino Madrid. "Business failure: incidence of stakeholders’ behavior." Academia Revista Latinoamericana de Administración 27, no. 1 (2014): 75–91. http://dx.doi.org/10.1108/arla-12-2013-0188.

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Purpose The purpose of this paper is to analyze the potential impact of stakeholders’ behavior on business failure, through its influence on the generation and distribution of value added. Design/methodology/approach Using a sample of 2,277 Spanish SMEs – half of which were businesses that failed during the years 2006‐2009 – the authors conducted an empirical study on a number of variables representing the participation of stakeholders in the generation and distribution of value added. This was undertaken in order to discern differential behavior between the variables and prove their usefulnes
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Jequier Lehuedé, Eduardo. "RESPONSABILIDAD POR INSOLVENCIA EN LOS GRUPOS EMPRESARIALES: UNA APROXIMACIÓN A LA TEORÍA DEL ADMINISTRADOR DE HECHO EN EL DERECHO CHILENO." Revista chilena de derecho 42, no. 2 (2015): 567–94. http://dx.doi.org/10.4067/s0718-34372015000200008.

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Jones, Laurence, Enrico Geretto, Maurizio Polato, and Giulio Velliscig. "The implications for bank risk posed by the bail-in amendments to the ranking of unsecured senior debt instruments in insolvency hierarchy." Journal of Governance and Regulation 10, no. 2 (2021): 108–17. http://dx.doi.org/10.22495/jgrv10i2art10.

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Given the scarce empirical research supporting the branch of literature investigating the shortcomings of the bail-in regime (Hadjiemmanuil, 2015; Walther &amp; White, 2020; Tröger, 2020), this paper offers a contribution in this regard investigating the implications for bank risk posed by the amendments to the unsecured senior debt asset class required to enhance the bail-in regime. To this purpose, we use a sample of 46 banks distributed over 17 European countries over the period of Q1 2010–Q4 2019. We thus run a fixed effect panel data regression over the entire period and also over the sub
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