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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.

Transnational impacts on law perspectives from South Africa and Germany

Transnational impacts on law  perspectives from South Africa and Germany Author C. Hugo
ISBN-10 9783845287775
Release 2017-12-08
Pages 549
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Dieses Werk enthält die Forschungsergebnisse zu transnationalen, rechtlichen Fragestellungen aus südafrikanischer und deutscher Perspektive, die in Zusammenarbeit der Universität Augsburg mit der Universität Johannesburg im letzten Jahrzehnt entstanden sind. Aktuelle Themen werden von Wissenschaftlern aus Südafrika eingeführt und anschließend von deutschen Kollegen reflektiert. Dies führt zu einem besseren Verständnis ungeklärter Rechtsfragen beider Rechtssysteme.

Promoting an Effective Rescue Culture with Debt Equity Swaps

Promoting an Effective Rescue Culture with Debt Equity Swaps Author Annika Wolf
ISBN-10 9783845255743
Release 2015-02-13
Pages 270
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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.

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.

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 [...]

The Fortnightly

The Fortnightly Author
ISBN-10 UCAL:B2973810
Release 1890
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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
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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.

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.

Corporate Insolvency Law

Corporate Insolvency Law Author Vanessa Finch
ISBN-10 0521626854
Release 2002-09-12
Pages 616
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This interdisciplinary examination of corporate insolvency law assesses recent reforms and anticipates new legislation.

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.

Risk Exposures and Financial Spillovers in Tranquil and Crisis Times

Risk Exposures and Financial Spillovers in Tranquil and Crisis Times Author Miss Hélène Poirson
ISBN-10 9781484308509
Release 2013-06-05
Pages 46
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For a sample of 83 financial institutions during 2003–2011, this paper attempts to answer three questions: first, what is the evolution of banks’ stock price exposure to country-level and global risk factors as approximated by equity indices; second, which bank-specific characteristics explain these risk exposures; third, are there clusters of banks with equity price linkages beyond market risk factors. The paper finds a rise in sensitivities to both country and global risk factors in 2011, although on average to levels still below those of the subprime crisis. The average sensitivity to European risk, specifically, has been steadily rising since 2008. Banks that are reliant on wholesale funding, have weaker capital levels and low valuations, and higher exposures to crisis countries are found to be the most vulnerable to shocks. The analysis of bank-to-bank linkages suggests that any “globalization” of the euro area crisis is likely to be channelled through U.K. and U.S. banks, with little evidence of direct spillover effects to other regions.

Purpose The Starting Point of Great Companies

Purpose  The Starting Point of Great Companies Author Nikos Mourkogiannis
ISBN-10 9781466887442
Release 2014-12-16
Pages 272
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In Purpose, world-renowned thought leader Nikos Mourkogiannis turns the entire idea of leadership on its head and shows that the choice between values and success is no choice at all. Mourkogiannis argues that companies must satisfy the need for purpose--a set of values that defines an organization and inspires and motivates its employees. Rather than organization and structure, ideas are what cause companies to go from good to great. Drawing on examples from across multiple industries, Mourkogiannis demonstrates how a strong purpose is the essential first step toward lasting success.

British Multinational Banking 1830 1990

British Multinational Banking  1830 1990 Author Geoffrey Jones
ISBN-10 019820602X
Release 1995
Pages 511
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This is a study of the emergence, growth and performance of British multinational banks from their origins in the 1830s until the present day. British owned banks played leading roles in the financial systems of much of Asia and the Southern hemishere during the nineteenth century and after.In the 1970s and 1980s, they made large investments in California and elsewhere in the United States. They played major roles in the finance of international trade, in international diplomacy, in the birth of the Eurodollar market, and in the world debt crisis.This is the first modern general history of these banks. It is based on a wide range of confidential banking archives in Britain, Australia and Hong Kong, most of which were previously unavailable. Geoffrey Jones places this new empirical evidence in the context of modern theories of multinationalenterprise and of competitive advantage. This is a lucidly written and fascinating study, of importance not only to historians but also to anyone concerned with contemporary multinational banking.

Prescriptions for saving China

Prescriptions for saving China Author Yat-sen Sun
ISBN-10 UOM:39015032090691
Release 1994
Pages 328
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For the first time, more than forty selected writings of Sun Yat-sen, the father of the Republic of China, have been collected and translated into English. The writings, which span his entire political career (from 1894 to 1924), are accompanied by explanatory notes and an introduction that discusses the historical context and significance of Sun Yat-sen's thought. Sun Yat-sen is still revered in both the Republic of China on Taiwan and the People's Republic of China. The living legacy of Sun's thought is evident on Taiwan, where since 1949 the Kuomintang (KMT) party has applied his principles to create a modern Chinese society and, in the process, forged an economic and political miracle based on pluralistic marketplaces. On mainland China, Sun is recognized as a leader of early twentieth-century China whose ideas were a catalyst for revolutionary action. The collection begins with Sun's famous letter to Viceroy Li Hung-chang in 1894 (instructing him in how to reform China) and concludes with his farewell address to the graduating class of the Whampoa Military Academy in Canton in 1924, one year before his death (the speech argues that KMT members should submit to party discipline). The lectures, speeches, and essays cover the breadth and span of Sun's vision for a strong modern China and trace the refinements in the cornerstone of his doctrine, the Three Principles of the People. The Three Principles of the People were first conceived in 1906 as the guiding precepts for Sun's revolutionary organization. The Principle of Nationalism addressed the problem of foreign domination and the restoration of national sovereignty; the Principle of Democracy was a plan for empowering the people togovern themselves; and the Principle of the People's Livelihood dealt with economic reforms for free markets that would distribute income equitably. As evidenced in Sun's writings, his expression of these principles significantly changed over the years as he considered Western concepts and contemporary influences and movements, including the socialist revolution in Russia. He tried to fit those new ideas into a framework that did not ignore traditional Chinese ideals and values derived from Confucianism. Sun Yat-sen last enunciated his principles in 1923 in a series of lectures in Canton. The expression of his ideas had an added dimension that dealt with practical applicability, moving from the definition of philosophical and political ends to revised means for achieving those ends. For instance, he modified his Principle of Democracy, insisting that a period of political tutelage, with authoritarian one-party rule, was necessary before China could achieve representative government. This first-rate translation of Sun's important speeches and documents allows Western audiences to savor his unique, idiomatic style and trace the evolution of his ideas as he grappled with the tensions in the path toward China's salvation. It is a measure of Sun's prescience that his ideas are as relevant and resonant today as they were at the beginning of the century.

Commentary on the European Insolvency Regulation

Commentary on the European Insolvency Regulation Author Reinhard Bork
ISBN-10 0198727283
Release 2016-03-04
Pages 1032
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This book provides the most detailed article-by-article commentary on the revised EC Regulation on Insolvency Proceedings (EIR), written by a group of experts drawn from several jurisdictions. The commentary is prefaced by an introductory chapter which provides an overview on scope and the key features of the EIR. This new commentary has been published in time to cover the long-awaited and much-debated revised Regulation which was finalized in 2015. The timing of publication will enable practitioners and scholars to equip themselves with a thorough understanding of the EIR ahead of full implementation in 2017. The article-by-article analysis has a multi-jurisdictional focus which reports and evaluates significant developments in the application of the Regulation across member states. This is a key new work for all those who advise on or research European insolvency law.

The Economist

The Economist Author
ISBN-10 UOM:39015036562471
Release 1997
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The Economist has been writing in one form or another for most of life. You can find so many inspiration from The Economist also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Economist book for free.