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"Over the past decade in Europe, the number of companies with complex corporate and financing structures has increased to levels unseen at any time in history. While efforts have been made by the European Union and various jurisdictions to improve their restructuring and insolvency regimes, restructuring practitioners and their clients have had to extend the boundaries of what was supposed to be possible in order to restructure corporate groups' balance sheets in a manner that is reflective of value and that preserves the going concern. This new publication brings together Europe's leading restructuring lawyers who were and remain instrumental in shaping the way that European restructurings are conducted and implemented today. Each chapter is a detailed case study, by key lawyers centrally involved, on leading restructurings including McCarthy& Stone, IMO Carwash, Monier, Countrywide, Autodistribution, SGD, La Seda de Barcelona, Schoeller Arca Systems, Risanamento SpA, Almatis, Wind Hellas I and II, European Directories and Rodenstock. This practical handbook represents an unprecedented record of the leading restructurings of the era by those involved and leads the reader through each in detail, unlike any other publication to date. It is an invaluable tool for restructuring and insolvency practitioners throughout Europe."--Blackwell's website.
This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.
This book provides the most detailed article-by-article commentary on the EC Regulation on Insolvency Proceedings, written by a group of experts drawn from several jurisdictions.
Written by leading academics and practitioners, this book provides an overview of financial markets and addresses major policy issues using the most advanced tools of theoretical and empirical economic analysis. In particular, the book focuses on financial integration and the structural reforms now taking place in the European financial sector.
This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.
Developing countries lose billions each year through bribery, misappropriation of funds, and other corrupt practices. Much of the proceeds of this corruption find 'safe haven' in the world's financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world's poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. This process can be overwhelming for even the most experienced practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with the strategic, organizational, investigative, and legal challenges of recovering stolen assets. A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. It includes examples of tools that can be used by practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests. StAR—the Stolen Asset Recovery Initiative—is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime that supports international efforts to end safe havens for corrupt funds. StAR works with developing countries and financial centers to prevent the laundering of the proceeds of corruption and to facilitate more systematic and timely return of stolen assets.
Arbitration in Switzerland
The Probate Practitioner's Handbook is a well-established and popular guide to good practice for solicitors' firms that undertake probate and estate administration work.This new ninth edition has been comprehensively updated by leading experts to take account of: money-laundering issues including the requirements of the 5th EU Anti-Money Laundering Directives and the updated LSAG guidance the SRA Accounts Rules 2019 changes resulting from the new SRA Standards and Regulations new SRA guidance relevant to practitioners updates to relevant practice notes including disputed wills and handling complaints Inheritance and Capital Gains Tax developments implications of the UK leaving the European Union the introduction of the SRA Transparency Rules implications for practitioners arising from the Covid pandemic. the different ways in which foreign elements may affect the English probate practitioner. An essential new chapter explains how data protection law applies in the context of the administration of estates. Features such as checklists, precedents, case commentaries and examples enhance the book's usefulness.
The EU financial institution insolvency law framework / Gabriel Moss, QC, Bob Wessels, and Matthias Haentjens -- Principles for cross-border financial institution insolvencies / Gabriel Moss, QC, Bob Wessels, and Matthias Haentjens -- Commentary on Directive 2001/24/EC on the reorganization and winding-up of credit institutions / Bob Wessels -- Commentary on Title IV of Directive 2009/138/EC on the taking up and pursuit of the business of insurance and reinsurance (Solvency II) / Gabriel Moss, QC and Ryan Perkins -- Title I : scope, definitions, and authorities / Matthias Haentjens -- Titles II and III : preparation and early intervention / Matthias Haentjens -- Title IV : resolution / Matthias Haentjens -- Titles V and VI : cross-border group resolution and third countries / Matthias Haentjens -- TItles VII and VIII : financing arrangements and penalties / Matthias Haentjens -- France / Hubert de Vauplane and Gilles Koifrath -- Germany / Jens-Hinrich Binder -- Iceland / Eyvindur G. Gunnarsson -- Ireland / Blanaid Clarke -- Spain / Ignacio Tirado -- United Kingdom / Ian F. Fletcher, Hannah Thornley, and Robert Amey