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Cross-border insolvency protocols play a critical role in facilitating the efficient resolution of complex international corporate insolvencies. This book constitutes the first in-depth study of the use of insolvency protocols, enriching existing knowledge about them and serving as a comprehensive introduction to their application in the context of multinational enterprise group insolvency. It traces the rise of insolvency protocols and discusses their legal basis, contents, effects, major characteristics and limitations. Key features include: proposition of a Group Insolvency Protocol (GIP) design a comprehensive study of around 50 insolvency protocols from 1992 to 2020 analysis of major international insolvency law instruments, modern trends and developments in the area of insolvency of enterprise groups practical recommendations for drafting an insolvency protocol, addressing problems related to their adoption and offering suggestions for the improvement of group coordination exploration of the nature of insolvency protocols and pertinent issues including the preservation and realization of material assets, resolution of intercompany claims, information exchange, conflicts of interest, participation rights and group governance in insolvency. Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups will be an indispensable resource for insolvency practitioners, lawyers, judges and policy makers, whilst also being of value to scholars and students concerned with insolvency law and corporate governance.
This volume is the definitive work on banking sector crisis management. It covers all recent legislative developments and it provides cognate analysis by leading experts on matters covering the whole spectrum of bank crisis management, ranging from early intervention and provision of emergency liquidity assistance by the central bank to group resolution and the workings of the Single Resolution Mechanism. Additionally, country reports of all major jurisdictions such as Australia, the US, UK, Germany, Japan and China provide comprehensive overviews of the current state. It will prove an invaluable companion to all those seeking to demystify this most complex area of legal and regulatory practice.' - Emilios Avgouleas, University of Edinburgh, UKIn this timely Handbook, over 30 prominent academics, practitioners and regulators from across the globe provide in-depth insights into an area of law that the recent global financial crisis has placed in the spotlight: bank insolvency law. Research Handbook on Crisis Management in the Banking Sector discusses the rules that govern a bank insolvency from the perspectives of the various parties that are affected by these rules. Thus, whilst many bank insolvency rules have been enacted only recently and their application is still clouded by a host of uncertainties, this book takes the perspectives of the relevant authorities, of the bank and of the bank's counterparties. Providing a comprehensive approach to crisis management in the banking sector, this Handbook will prove a valuable resource for academics, postgraduate students, practitioners and international policymakers. Contributors include: J. Adriaanse, D. Bernstein, V. Borger, A. Bornemann, W. Bosma, A. Campbell, A. Carr, B. Clarke, P. Davies, T. Dijkhuizen, P. Durban, J. Gabilondo, F. Garcimartin, M. Haentjens, T. Hayashi, T.F. Huertas, B.P.M. Joosen, S. Kaltsouni, Q. Kong, R. Mason, P. Moffatt, M. Murray, P. Rank, J.-P. van der Rest, M.I. Saez, R.A. Sahni, M. Schillig, D. Schoenmaker, J. Sluysmans, M. Timmer, N. van Triet, V. Troiano, T. Verdoes, L. Verrill, B. Wessels, S. Yonghui, G.S. Zavvos
Since the great financial crisis, many countries across the globe have witnessed the introduction of new recovery and resolution regimes for banks. The Research Handbook on Cross-Border Bank Resolution analyses the strengths and weaknesses of the current regulatory framework for resolving cross-border bank crises and proposes avenues for improvement. This cutting edge Research Handbook includes a broad range of perspectives of the regulatory and economic infrastructure of the banks themselves, third parties, and real life case studies, on both a domestic and, in particular, an international level. Chapters are authored by eminent experts in the field with contributions from the US, EU, Japan and China. With its comprehensive and rounded analysis of cross-border bank resolution, this wide-ranging Research Handbook will be of value to academics and researchers across the globe. The practical issues and policy recommendations included will also be of benefit for policy makers within the banking sector and bankers and lawyers alike.
This work contains a collection of seminal essays on topical issues in Dutch business and bankruptcy law. The articles survey a range of commercial law subjects, including contract, competition, insolvency, corporate, banking and financial services law. The author has published widely in these areas, relying on his extensive practical experience in legal and consulting work. "Business and Bankruptcy Law in The Netherlands" should be of interest to lawyers and businessmen with an interest in the development and practical application of Dutch commercial law, in both the national and international markets.
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