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Rescuing Companies in England and Germany

Rescuing Companies in England and Germany Author Reinhard Bork
ISBN-10 9780191630934
Release 2012-03-08
Pages 392
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This book examines the circumstances under which a company needs restructuring, and for which companies that would be possible given the nature of the corporation and the economic viability. It discusses the criteria for judging whether a reorganization has been a success. Bork considers the legal mechanisms involved in restructuring including the extent to which the law provides the rules for a moratorium and the rights creditors may exercise over the debtor's assets. It also tackles the legal processes and how a reorganization can be commenced. The book includes analysis of the role of management and the partners or shareholders and the extent to which either legal system assigns the decision-making powers to the right persons. It considers how each regime deals with the assets involved and whether there are rules to reverse payments made during the crisis and the possibility of a set-off claim. Other aspects considered include special rules for terminating or modifying disadvantageous contracts including contracts of employment, and costs of restructuring procedures under given legal conditions. Providing a thorough consideration of the extent to which English and German company law (including the proposed changes to German law) enhances or limits the prospects of businesses seeking to reorganize, this work offers a valuable reference source for practitioners advising companies on where to base their restructuring and gives scholars further research material concerning the remaining issues in English and German restructuring law.



International Bankruptcy

International Bankruptcy Author Jodie Adams Kirshner
ISBN-10 9780226532028
Release 2018-05-10
Pages 288
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With the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge. With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.



The Fortnightly

The Fortnightly Author
ISBN-10 UCR:31210006579393
Release 1890
Pages
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The Fortnightly has been writing in one form or another for most of life. You can find so many inspiration from The Fortnightly also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Fortnightly book for free.



The Fortnightly Review

The Fortnightly Review Author
ISBN-10 CORNELL:31924066515234
Release 1890
Pages
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The Fortnightly Review has been writing in one form or another for most of life. You can find so many inspiration from The Fortnightly Review also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Fortnightly Review book for free.



Freedom of Establishment versus Creditor Risk in Germany A Clash of Principles

Freedom of Establishment versus Creditor Risk in Germany  A Clash of Principles Author Renate Eichin
ISBN-10 9783836600859
Release 2007-01-10
Pages 149
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Inhaltsangabe:Abstract: The aim of this dissertation is to analyse the potential clash of the principle of free establishment and the creditor protection principles in Germany. It researches the position of unsecured creditors of insolvent pseudo-foreign companies following the rulings of the European Court of Justice in Segers, Centros, Überseering and Inspire Art with the focus on German creditors of companies with limited liability incorporated in England and Wales. Research is carried out through reviewing and analysing academic and professional opinions voiced concerning the applicability, restricted or non-applicability of specific German creditor protection instruments following the ECJ rulings considering that the law of the country of incorporation governs foreign companies. European case law defining the current understanding of the fundamental freedom of establishment is reviewed and contrasted with subsequent rulings by German courts involving insolvent English companies. The result of the analysis shows that the number of English limited companies (Limited) is still relatively insignificant compared to the total number of German GmbH companies. Limiteds don't seem to replace the GmbH and don't yet present a threat to the German economy. Questionable is the accuracy and completeness of company information a German creditor can obtain. The main reason is the lack of a formalized or regulatory information process between the company registers of England and Germany. Based on the research performed it can be concluded that the principles of creditor protection in Germany differ greatly from those applied in England. The German creditors can no longer rely on the applicability of German creditor protection instruments and face legal uncertainties. In Germany the majority of creditor protection instruments are part of company law, in England they are part of insolvency laws. The European Insolvency Regulation is not specific enough to solve these uncertainties and can even aid forum shopping. Until further clarifications are provided by the ECJ through appropriate case law the situation will remain highly unsatisfactory for the German creditor. Inhaltsverzeichnis:Table of Contents: Introduction1 Literature Review12 Freedom of Establishment - Articles 43 and 48 EC12 German Creditor Protection and Articles 43 and 48 EC16 I.Duty to file insolvency proceedings21 II.Equity Capital Maintenance and Replacement25 III.Destroying a [...]



Passing Wealth on Death

Passing Wealth on Death Author Alexandra Braun
ISBN-10 9781509907366
Release 2016-07-28
Pages 408
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Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes from a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.



Promoting an Effective Rescue Culture with Debt Equity Swaps

Promoting an Effective Rescue Culture with Debt Equity Swaps Author Annika Wolf
ISBN-10 384871535X
Release 2015-03-03
Pages 269
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The central question of this thesis is whether the restructuring instrument of a debt-equity swap pursuant to 225a InsO has contributed towards the making of substantial progress towards a rescue culture in Germany - following the English rescue culture - and thereby strengthened the competitiveness of Germany as a location for restructurings. The comparative analysis discusses the economic, cultural and legal frameworks to implement debt-equity-swaps under German and English law. It specifically addresses the implementation of a (solvent) scheme of arrangement for financial restructuring, which has been a very popular instrument in recent years for German companies, however, it also raises questions about the recognition of the scheme's effect in Germany. Finally, there is discussion of the extent to which the new insolvency norms are suitable to solve conflicts in corporate law.



The Fortnightly Review

The Fortnightly Review Author
ISBN-10 PRNC:32101076431749
Release 1890
Pages 28
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The Fortnightly Review has been writing in one form or another for most of life. You can find so many inspiration from The Fortnightly Review also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Fortnightly Review book for free.



The rescue of Emin Pasha

The rescue of Emin Pasha Author Roger Jones
ISBN-10 UOM:39015016881024
Release 1972-10-30
Pages 465
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The rescue of Emin Pasha has been writing in one form or another for most of life. You can find so many inspiration from The rescue of Emin Pasha also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The rescue of Emin Pasha book for free.



The Fortnightly

The Fortnightly Author
ISBN-10 UCAL:B2973810
Release 1890
Pages
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The Fortnightly has been writing in one form or another for most of life. You can find so many inspiration from The Fortnightly also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Fortnightly book for free.



The rescue of Germany

The rescue of Germany Author Garet Garrett
ISBN-10 UOM:39015064536686
Release 1931
Pages 103
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The rescue of Germany has been writing in one form or another for most of life. You can find so many inspiration from The rescue of Germany also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The rescue of Germany book for free.



Ben Gurion and the Holocaust

Ben Gurion and the Holocaust Author Shabtai Teveth
ISBN-10 UOM:39015038132265
Release 1996
Pages 310
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Defends David Ben-Gurion against charges that he supported the Jewish holocaust in order to gain support for the creation of an Israeli homeland in Palestine



Creditor Protection in Private Companies

Creditor Protection in Private Companies Author Thomas Bachner
ISBN-10 9780521895385
Release 2009-04-16
Pages 315
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Investigates mechanisms in English and German law that protect creditors against the abuse of limited liability by directors and shareholders.



The Rescue and Achievement of Refugee Scholars

The Rescue and Achievement of Refugee Scholars Author N. Bentwich
ISBN-10 9789401177481
Release 2012-12-06
Pages 107
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This little book has been written at the suggestion of the Society for the Protection of Science and Learning. That body was the successor of the Academic Assistance Council which was formed in 1933 by heads of British Universities and learned Societies to assist scholars and scientists and investigators "who, on grounds of religion, political opinion or race, were unable to carryon their work in their own country". They were, at the time of the formation of the Society, particularly, but not exclusively, refugees from Nazi oppression, and deprived of their academic posts on one of these grounds. But they soon embraced refugees from other tyrannies. The British example was followed by similar efforts in many countries. The National and International effort, initiated in 1933 on behalf of academic freedom, is still far from completed. For the persecution of free thought and research has become an endemic ill of our time, and calls for a continuous activity of the free Universities. The major task, however, of saving for science and scholar ship the victims of Nazi persecution has been accomplished, and most of the academic societies which were formed in the Thirties to take up the challenge have been dissolved. It seems opportune then to place on record this effort of cultural soli darity for the displaced scholars, and the contribution which has been made to the world's intellectual life by those who were rescued.



Saving Private Ryan

Saving Private Ryan Author Steven Spielberg
ISBN-10 155704371X
Release 1999-06-15
Pages 96
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Over 50,000 sold—the only illustrated companion book to the extraodinary film. Includes excerpts from Stephen Ambrose's books, screenplay extracts, and commentary by Steven Spielberg, Tom Hanks, Matt Damon, Janusz Kaminski and others. 100 illustrations, 130 color plates.



The Perfect Horse

The Perfect Horse Author Elizabeth Letts
ISBN-10 9780345544810
Release 2016-08-23
Pages 400
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NEW YORK TIMES BESTSELLER • From the author of The Eighty-Dollar Champion, the remarkable story of the heroic rescue of priceless horses in the closing days of World War II In the chaotic last days of the war, a small troop of battle-weary American soldiers captures a German spy and makes an astonishing find—his briefcase is empty but for photos of beautiful white horses that have been stolen and kept on a secret farm behind enemy lines. Hitler has stockpiled the world’s finest purebreds in order to breed the perfect military machine—an equine master race. But with the starving Russian army closing in, the animals are in imminent danger of being slaughtered for food. With only hours to spare, one of the U.S. Army’s last great cavalrymen, Colonel Hank Reed, makes a bold decision—with General George Patton’s blessing—to mount a covert rescue operation. Racing against time, Reed’s small but determined force of soldiers, aided by several turncoat Germans, steals across enemy lines in a last-ditch effort to save the horses. Pulling together this multistranded story, Elizabeth Letts introduces us to an unforgettable cast of characters: Alois Podhajsky, director of the famed Spanish Riding School of Vienna, a former Olympic medalist who is forced to flee the bomb-ravaged Austrian capital with his entire stable in tow; Gustav Rau, Hitler’s imperious chief of horse breeding, a proponent of eugenics who dreams of genetically engineering the perfect warhorse for Germany; and Tom Stewart, a senator’s son who makes a daring moonlight ride on a white stallion to secure the farm’s surrender. A compelling account for animal lovers and World War II buffs alike, The Perfect Horse tells for the first time the full story of these events. Elizabeth Letts’s exhilarating tale of behind-enemy-lines adventure, courage, and sacrifice brings to life one of the most inspiring chapters in the annals of human valor. Praise for The Perfect Horse “Winningly readable . . . Letts captures both the personalities and the stakes of this daring mission with such a sharp ear for drama that the whole second half of the book reads like a WWII thriller dreamed up by Alan Furst or Len Deighton. . . . The right director could make a Hollywood classic out of this fairy tale.”—The Christian Science Monitor “Letts, a lifelong equestrienne, eloquently brings together the many facets of this unlikely, poignant story underscoring the love and respect of man for horses.”—Kirkus Reviews “The Perfect Horse raises the narrative bar. Applying her skills as a researcher, storyteller and horsewoman, Letts provides context that makes this account spellbinding.”—Culturess “The Perfect Horse is an enthralling and moving story that I could not put down. This is a riveting and unique perspective on World War II.”—Molly Guptill Manning, author of When Books Went to War “Passionately told and dazzling in scope, The Perfect Horse charges headlong into an unforgettable tale of World War II, when good men were given a final mission—to save beloved horses—at an hour when no one wanted to die. In Elizabeth Letts, the saga of World War II’s white stallions has found its perfect guardian.”—Adam Makos, author of A Higher Call “Elizabeth Letts’s beautiful prose, woven together with meticulous research, takes you for a ride that will keep you on the edge of your seat until the end.”—Robin Hutton, author of Sgt. Reckless



Commercial America

Commercial America Author
ISBN-10 UOM:39015080167722
Release 1913
Pages
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Commercial America has been writing in one form or another for most of life. You can find so many inspiration from Commercial America also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Commercial America book for free.