Essays about: "Cross-border insolvency"
Found 5 essays containing the words Cross-border insolvency.
-
1. The role of Preventive Restructuring Directive for cross-border companies in financial distress: rescue for efficiency?
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : This study focuses on the recent Directive (EU) 2019/1023 on preventive restructuring frameworks (‘Preventive Restructuring Directive’) that was adopted by the European Parliament and the Council on 20 June 2019. The purpose of this thesis is to examine and assess the EU legislator’s intentions in harmonisation of national laws on restructuring and to clarify the rationale behind business rescue. READ MORE
-
2. A look at the recast EC regulation on insolvency proceedings - with particular focus on corporate insolvencies
University essay from Lunds universitet/Juridiska institutionenAbstract : The overall objective of the recast EIR is to make cross-border insolvency proceedings operate more efficiently and effectively. The EU legislator has identified a number of main issues that need to be addressed in order to achieve this overall objective. READ MORE
-
3. When should a bank enter resolution and through which mechanism could an insufficiently solvent bank be returned to balance sheet stability : With particular emphasis on Swedish rules
University essay from Juridiska institutionenAbstract : The recent global financial crisis highlighted the need for a special (lex specialis) resolution regime for distressed financial institutions both at the national and international level. Resolution, which is an alternative to general corporate insolvency proceedings, provides a means of restructuring or winding-up a bank that is failing and whose failure could create concerns as regards the general public interest. READ MORE
-
4. Forum shopping in the context of the European Insolvency Regulation and Freedom of Establishment post Interedil - C 396/09
University essay from Lunds universitet/Juridiska institutionenAbstract : Where debtors seek to open insolvency proceedings in a Member State that have the most favourable insolvency regime it is referred to as "forum shopping". According to Article 3 (1) in conjunction with Article 4 of the European Insolvency Regulation the appropriate jurisdiction and the applicable law are determined by the core element of the Regulation the debtor´s "centre of main interests": the law follows the venue and the venue follows the COMI. READ MORE
-
5. The Centre of Main Interests - A troublesome phrase in the EC Regulation on Insolvency proceedings
University essay from Lunds universitet/Juridiska institutionenAbstract : After much work and a long time after its instigation, a legislation regulating insolvency law in the European Union finally saw the light of day in 2002. Its 47 articles and 33 recitals establish jurisdiction, choice of law as well as recognition, in cross-border insolvencies within the EU and with this new legislation came a new expression to the legal area, namely 'centre of main interests'. READ MORE
