Law & Society: Private Law - Financial Law eJournal最新文献_第3页

Revival of Corporates Under Insolvency and Bankruptcy Code 2016 破产和破产法下公司的复兴2016

Law & Society: Private Law - Financial Law eJournal Pub Date : 2018-10-28 DOI: 10.2139/ssrn.3361906

Lesley Thekkethil

{"title":"Revival of Corporates Under Insolvency and Bankruptcy Code 2016","authors":"Lesley Thekkethil","doi":"10.2139/ssrn.3361906","DOIUrl":"https://doi.org/10.2139/ssrn.3361906","url":null,"abstract":"The paper will be dealing analysis of corporate revival which is taking placing under Insolvency and Bankruptcy Code 2016. The analysis is done on the basis of three research questions. In the first Chapter of this article is dealing with identification of provisions in Insolvency and Bankruptcy Code, exclusively dealing with revival of companies. Each provision is elaborately discussing and identifying the peculiarity which makes corporate revival happen. The paper has identified six provisions. These provisions are compared with earlier legislation i.e Sick Industrial Companies Act (SICA) 1985 and novelty of code is identified. In the second Chapter, the paper is evaluating the working of Insolvency and Bankruptcy Code. It includes the statistical data of cases under the Code. In the analysis it was found that Code is not successful with revival of companies. Subsequently the paper will discuss the issues raised by various stakeholders. It starts with the National Company Law Tribunal findings in various judgments. Followed by the findings Insolvency Committee Report which is a committee constituted by the Ministry of Corporate Affairs for the analysis of Insolvency and Bankruptcy Code. The paper also discussing of issue raised from corporate Stakeholder. In the third Chapter, the paper give recommendations for the effective working of the Code. The recommendation will be solution for the issues identified with various stakeholders. The paper is giving five recommendations for the effective revival of companies.","PeriodicalId":137765,"journal":{"name":"Law & Society: Private Law - Financial Law eJournal","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123722490","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

La digitalización de los servicios de pago (Open Banking) 支付服务数字化(开放银行)

Law & Society: Private Law - Financial Law eJournal Pub Date : 2018-10-11 DOI: 10.2139/ssrn.3264759

F. Zunzunegui

{"title":"La digitalización de los servicios de pago (Open Banking)","authors":"F. Zunzunegui","doi":"10.2139/ssrn.3264759","DOIUrl":"https://doi.org/10.2139/ssrn.3264759","url":null,"abstract":"Spanish Abstract: El presente trabajo estudia las ventajas y desafios de los pagos digitales. Los grandes bancos se transforman en plataformas que comparten clientes sin perder el control del negocio. Estamos ante una banca abierta que combina finanzas y tecnologia ofreciendo seguridad en un entorno digital. Estos cambios entranan importantes desafios regulatorios. El modelo de la Union europea se convierte en referencia universal. Fuerza a la banca a compartir los datos de los clientes con las tecnologicas. Prima dar al cliente el poder sobre sus datos con la seguridad que ofrece el acceso a traves de APIs. Acierta al combinar la regulacion financiera con la proteccion de datos. Fomenta la innovacion en un marco regulado. El objetivo es conciliar la innovacion con la seguridad y estabilidad del sistema financiero. \u0000 \u0000English Abstract: This paper studies the advantages and challenges of digital payments. Large banks are transformed into platforms that share clients without losing control of the business. We are facing an open banking that combines finance and technology offering safety in a digital environment. These changes involve important regulatory challenges. The model of the European Union becomes a universal reference. It forces Banks to share customer data with technology firms. It prioritizes giving clients the power over their data with the security offered by the access through APIs. It gets right by combining financial regulation with data protection. It encourages innovation in a regulated framework. The objective is to reconcile innovation with the safety and stability of the financial system. \u0000 \u0000The English version of this article can be found at: https://ssrn.com/abstract=3256281.","PeriodicalId":137765,"journal":{"name":"Law & Society: Private Law - Financial Law eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133555377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Chrysler and General Motors Bankruptcies 克莱斯勒和通用汽车的破产

Law & Society: Private Law - Financial Law eJournal Pub Date : 2018-09-19 DOI: 10.4337/9781781007884.00020

Todd J. Zywicki

引用次数: 0

Optimal Deterrence and the Preference Gap 最优威慑与偏好差距

Law & Society: Private Law - Financial Law eJournal Pub Date : 2018-08-09 DOI: 10.2139/SSRN.3119695

Brook E. Gotberg

{"title":"Optimal Deterrence and the Preference Gap","authors":"Brook E. Gotberg","doi":"10.2139/SSRN.3119695","DOIUrl":"https://doi.org/10.2139/SSRN.3119695","url":null,"abstract":"It is generally understood that the way to discourage particular behavior in individuals is to punish that behavior, on the theory that rational individuals seek to avoid punishment. Laws aimed at deterring behavior operate on the assumption that increasing the likelihood of punishment or the severity of punishment, or both, will decrease the behavior, and the success of these laws is evaluated by how much the targeted behavior decreases. The law of preferential transfers, which punishes creditors who have been paid prior to the bankruptcy at the expense of other, unpaid creditors, has been defended on the grounds that it deters a race to collect from a struggling debtor. However, deterrence theory indicates that the low likelihood of punishment and the cap on punishment associated with preference law make it a very poor deterrence. Further, empirical evidence drawn from interviews with affected creditors, debtors, and attorneys on both sides demonstrate that in practice, preference law does little or nothing to deter targeted behavior, and in the process imposes significant costs. The weaknesses of preference law call for its significant revision, to place a greater focus on specific categories of creditors to be punished on account of their pre-bankruptcy activities.","PeriodicalId":137765,"journal":{"name":"Law & Society: Private Law - Financial Law eJournal","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132144585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Mediation of Financial Disputes 调解财务纠纷

Law & Society: Private Law - Financial Law eJournal Pub Date : 2018-07-14 DOI: 10.2139/ssrn.3213847

Forestieri Ilaria, P. Paech

{"title":"Mediation of Financial Disputes","authors":"Forestieri Ilaria, P. Paech","doi":"10.2139/ssrn.3213847","DOIUrl":"https://doi.org/10.2139/ssrn.3213847","url":null,"abstract":"In recent years, a fragmented global picture of legislation supporting mediation in finance has emerged and a number of ADR service providers have started to offer mediation services specifically for the financial market. Although academics and professional express great appreciation for alternative resolution procedures in finance, mediation is said to lag behind its potential. This [chapter] shows that a number of characteristics of financial transactions suggest that mediation in finance could increase efficiency to an extent that would not be possible otherwise. However, there are clear limitations to mediation in finance: the main characteristic of financial transactions consists of the preparedness to take and manage counterparty risks. The financial industry has developed a framework to manage counterparty risk, in accordance with existing laws in nearly all developed financial markets. However, the main idea underlying mediation, that is to form a new agreements adjusting contractual obligations, is largely irreconcilable with risk management as practiced at the moment. Hence, only those disputes that do not touch upon issues associated with transfers of value can be the object of mediation, whereas all transactions that are ‘financial’ in nature must remain subjected to insolvency or bankruptcy procedures.","PeriodicalId":137765,"journal":{"name":"Law & Society: Private Law - Financial Law eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114735323","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Insights into the Impact of Bankruptcy's Public Record on Entrepreneurial Activity: Evidence from Economic Experiments 破产公开记录对创业活动影响的洞察:来自经济实验的证据

Law & Society: Private Law - Financial Law eJournal Pub Date : 2018-06-26 DOI: 10.2139/ssrn.3203132

U. Dulleck, Nicola J. Howell, A. Koessler, Rosalind Mason

引用次数: 0

The Dutch Banking Sector Agreement on Human Rights: An Exercise in Regulation, Experimentation or Advocacy? 荷兰银行业人权协定:管制、试验还是倡导?

Law & Society: Private Law - Financial Law eJournal Pub Date : 2018-06-14 DOI: 10.18352/ulr.440

Benjamin Thompson

{"title":"The Dutch Banking Sector Agreement on Human Rights: An Exercise in Regulation, Experimentation or Advocacy?","authors":"Benjamin Thompson","doi":"10.18352/ulr.440","DOIUrl":"https://doi.org/10.18352/ulr.440","url":null,"abstract":"The role of banks in projects which result in adverse human rights impacts has been brought to the fore in recent years. However, there are serious obstacles to regulate the (often extraterritorial) financing activities of banks under national law. The UN Guiding Principles on Business and Human Rights and OECD Guidelines for Multinational Enterprises attempt to respond to this ‘governance gap’, stipulating that all business enterprises have a responsibility to respect human rights. However, banks’ compliance with such standards has been frustrated by a failure to understand how these standards apply to them. In 2016, the Dutch Government collaborated with the Dutch banking sector and civil society to create the Dutch Banking Sector Agreement: a multistakeholder initiative initiated to improve adhering banks’ performance with respect to the UN Guiding Principles on Business and Human Rights and the OECD Guidelines on Multinational Enterprises. This article reviews how the actors involved drafted the Agreement in light of prevalent divergences in understandings over how human rights apply to banks’ financing activities. It then looks to scholarship on transnational private regulation, experimentalism governance, and social constructivism in mapping three roles the Dutch Banking Sector Agreement could play: regulation, experimentation, and advocacy.","PeriodicalId":137765,"journal":{"name":"Law & Society: Private Law - Financial Law eJournal","volume":"123 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128396771","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

The Essential Asset Theory - Protection of Essential Assets of the Debtor Under Judicial Reorganization 实质资产理论——司法重整下债务人实质资产的保护

Law & Society: Private Law - Financial Law eJournal Pub Date : 2018-05-22 DOI: 10.2139/ssrn.3183229

Ivo Waisberg

引用次数: 0

Using Machine Learning to Predict Success or Failure in Chapter 13 Bankruptcy Cases 用机器学习预测破产案例的成功或失败

Law & Society: Private Law - Financial Law eJournal Pub Date : 2018-05-22 DOI: 10.2139/ssrn.3183484

Warren E. Agin

{"title":"Using Machine Learning to Predict Success or Failure in Chapter 13 Bankruptcy Cases","authors":"Warren E. Agin","doi":"10.2139/ssrn.3183484","DOIUrl":"https://doi.org/10.2139/ssrn.3183484","url":null,"abstract":"Obtaining a chapter 13 bankruptcy discharge is notoriously difficult. Past empirical studies conclude that only one-third of chapter 13 debtors complete their obligations under their plans and obtain a chapter 13 discharge. Many cases end up dismissed, or converted to a case under chapter 7. New data recently made available by the Federal Judicial Center, shows that in recent years only about 39% of chapter 13 filers successfully obtain their chapter 13 discharges. These are low numbers. In this project I examined a public case level database made available in 2017 by the US Federal Judicial Center, based on information collected by the Administrative Office of the United States Courts. The project examines the extent and quality of this data, and the steps needed to use it for advanced statistical analysis and application of machine learning models. This project goes beyond such descriptive statistics. Using machine learning algorithms – so-called artificial intelligence – it describes a model that can predict, using data from the Federal Judicial Center's Integrated Database, whether a debtor will obtain a chapter 13 discharge based only on information provided in the initial petition and summary of schedules. The model is able to predict case results with 70% accuracy overall – and for about 25% of cases can predict results with more than 90% accuracy. When case predictions are cross-referenced against actual case results, the model can assign to specific cases a highly accurate probability of success. The model uses a random forest decision tree algorithm to achieve its results, although nearly similar results were also obtained using a neural network. The model, relevant scripts, and related files and instructions for use are available online through Github at /warrenagin/Ch13Learner.","PeriodicalId":137765,"journal":{"name":"Law & Society: Private Law - Financial Law eJournal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115860081","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

On Autonomy 在自治

Law & Society: Private Law - Financial Law eJournal Pub Date : 2018-04-19 DOI: 10.2139/ssrn.3165832

Christopher Hare

引用次数: 7