[PDF] Legislative Guide On Insolvency Law eBook

Author : United Nations Commission on International Trade Law
Publisher : United Nations Publications
Page : 384 pages
File Size : 19,45 MB
Release : 2005
Category : Law
ISBN : 9789211337365

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This publication seeks to assist the establishment of a legal framework for an efficient and effective national corporate insolvency regime which strikes a balance between the financial difficulties of debtors and the interests of creditors and other relevant parties, as well as addressing public policy concerns. The text of this draft legislative guide was adopted by UNCITRAL in June 2004 and approved by UN General Assembly resolution 59/40 in December 2004.

Author : United Nations
Publisher :
Page : 0 pages
File Size : 11,54 MB
Release : 2012
Category : Business & Economics
ISBN : 9789211338034

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Part three addresses the treatment of enterprise groups in insolvency, both nationally and internationally. While many of the issues addressed in parts one and two are equally applicable to enterprise groups, there are that only apply in the enterprise group context. Part three thus builds upon and supplements parts one and two. At the domestic level, the commentary and recommendations of part three cover various mechanisms that can be used to streamline insolvency proceedings involving two or more members of the same enterprise group. These include: procedural coordination of multiple proceedings concerning different debtors; issues concerning post-commencement and post-application finance in a group context; avoidance provisions; substantive consolidation of insolvency proceedings affecting two or more group members; appointment of a single or the same insolvency representative to all group members subject to insolvency; and coordinated reorganization plans.

Author : United Nations
Publisher : United Nations Publications
Page : 38 pages
File Size : 21,18 MB
Release : 2014-03-15
Category : Law
ISBN : 9789211338188

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This book focuses on the obligations regarding management of an enterprise when it faces imminent insolvency or insolvency becomes unavoidable. The aim of imposing such obligations, which become enforceable once insolvency proceedings commence, is to protect the legitimate interests of creditors and other stakeholders and encourage timely action to address financial distress and minimize its effects. This publication addresses the key elements of provisions imposing such obligations, as well as the nature of the obligations, the time at which the obligations should arise, the persons to whom the obligations would attach, liability for breach of the obligations and enforcement of those obligations, specifically applicable defences, remedies, the persons who may bring an action to enforce the obligations and how those actions might be funded.

Author :
Publisher :
Page : 0 pages
File Size : 28,16 MB
Release : 2012
Category : Bankruptcy
ISBN : 9789210557160

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Introduction to part three -- General features of enterprise groups -- Addressing the insolvency of enterprise groups: Domestic issues -- Addressing the insolvency of enterprise groups: International issues -- Decision of the United Nations commission on international trade law on part three and general assembly resolution 65/24