English Law: Business (Topic)最新文献_第3页

The Evolution of Corporate Law in Post-Colonial India: From Transplant to Autochthony 后殖民印度公司法的演变:从移植到本土

English Law: Business (Topic) Pub Date : 2015-01-13 DOI: 10.2139/ssrn.2557809

Umakanth Varottil

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引用次数: 11

Debt Restructuring in English Law: Lessons from the US and the Need for Reform 英国法律中的债务重组:美国的经验教训和改革的必要性

English Law: Business (Topic) Pub Date : 2014-01-30 DOI: 10.2139/ssrn.2321615

J. Payne

{"title":"Debt Restructuring in English Law: Lessons from the US and the Need for Reform","authors":"J. Payne","doi":"10.2139/ssrn.2321615","DOIUrl":"https://doi.org/10.2139/ssrn.2321615","url":null,"abstract":"This paper assesses the debt restructuring mechanisms available to companies in English law, compares these mechanisms with the Chapter 11 procedure in the US, and makes some suggestions for reform of the English system in this context. Rehabilitating a company in financial difficulties will almost always be preferable to liquidation for companies and their creditors, at least where the company is merely financially distressed, i.e. it is cash flow insolvent but nevertheless economically viable, so that there is a business worth saving. Five debt restructuring mechanisms are available to companies in English law: workouts, Company Voluntary Arrangements (CVAs), schemes of arrangement, administration and, lastly, a recent innovation of practitioners has been to twin a scheme of arrangement with administration. None of these devices are ideal as debt restructuring tools, as explained in this paper. Lessons can be learned from the US Chapter 11 process, although a simple transplantation of this procedure into English law is not recommended, as there are also disadvantages to the US procedure. Instead it is suggested that the English scheme of arrangement be reformed to allow a cramdown of whole classes to take place, to attach a moratorium to this procedure and to enhance the valuation process where restructuring takes place. Making these changes would provide English law with a stronger and more effective debt restructuring procedure.","PeriodicalId":174628,"journal":{"name":"English Law: Business (Topic)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127749956","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: 5

HSH v. UBS – Lessons from New York HSH诉瑞银案——纽约的教训

English Law: Business (Topic) Pub Date : 2013-06-19 DOI: 10.2139/ssrn.2281894

Vincenzo Bavoso

引用次数: 0

Practical Justice and Appropriate Relief: Grimaldi v Chameleon Mining Nl (No 2) 实践正义与适当救济:格里马尔迪诉变色龙矿业有限公司案(第二案)

English Law: Business (Topic) Pub Date : 2012-11-18 DOI: 10.2139/SSRN.2177453

Nyuk Nahan

引用次数: 1

Minimum Wages and Employment: Reconsidering the Use of a Time Series Approach as an Evaluation Tool 最低工资与就业:重新考虑使用时间序列方法作为评估工具

English Law: Business (Topic) Pub Date : 2011-07-01 DOI: 10.1111/j.1467-8543.2010.00799.x

Wang-Sheng Lee, Sandy Suardi