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The insolvency of multinational corporate groups creates a
compelling challenge to the commercial world. As many medium and
large-sized companies are multinational companies with operations
in different countries, it is important to provide appropriate
solutions for the insolvency of these key market players. This book
provides a comprehensive overview of the cross-border insolvency
theories, practical solutions and regulatory solutions for the
insolvency of multinational corporate groups. Whilst the book
recognises certain merits of these solutions, it also reveals the
limitations and uncertainty caused by them. An analysis of the
provisions and tools relating to cross-border insolvency of
multinational corporate groups in the new EU Regulation on
insolvency proceedings 2015, the UNCITRAL Model Law on cross-border
insolvency, the Directive on preventive restructuring frameworks
and the Bank Recovery and Resolution Directive 2014, along with a
study of directors' duties, are included in this book. This book
focuses on the insolvency and rescue of non-financial corporate
groups. However, it is also important to recognise the similarities
and differences between corporate insolvency regimes and bank
resolution regimes. In particular, lessons learnt from bank
resolution practices may be useful for non-financial corporate
groups. This book aims to provide an in-depth examination of the
existing solutions for the insolvency of multinational corporate
groups. It also aims to view cross-border insolvency of corporate
groups within a broad context where all relevant regimes and
theories interact with each other. Therefore, directors' duties in
the vicinity of insolvency, preventive insolvency proceedings,
procedural consolidation, international cooperative frameworks and
bank resolution regimes are considered together. This book may
appeal to academics, students and practitioners within the areas of
corporate law, cross-border insolvency law and financial law.
The insolvency of multinational corporate groups creates a
compelling challenge to the commercial world. As many medium and
large-sized companies are multinational companies with operations
in different countries, it is important to provide appropriate
solutions for the insolvency of these key market players. This book
provides a comprehensive overview of the cross-border insolvency
theories, practical solutions and regulatory solutions for the
insolvency of multinational corporate groups. Whilst the book
recognises certain merits of these solutions, it also reveals the
limitations and uncertainty caused by them. An analysis of the
provisions and tools relating to cross-border insolvency of
multinational corporate groups in the new EU Regulation on
insolvency proceedings 2015, the UNCITRAL Model Law on cross-border
insolvency, the Directive on preventive restructuring frameworks
and the Bank Recovery and Resolution Directive 2014, along with a
study of directors' duties, are included in this book. This book
focuses on the insolvency and rescue of non-financial corporate
groups. However, it is also important to recognise the similarities
and differences between corporate insolvency regimes and bank
resolution regimes. In particular, lessons learnt from bank
resolution practices may be useful for non-financial corporate
groups. This book aims to provide an in-depth examination of the
existing solutions for the insolvency of multinational corporate
groups. It also aims to view cross-border insolvency of corporate
groups within a broad context where all relevant regimes and
theories interact with each other. Therefore, directors' duties in
the vicinity of insolvency, preventive insolvency proceedings,
procedural consolidation, international cooperative frameworks and
bank resolution regimes are considered together. This book may
appeal to academics, students and practitioners within the areas of
corporate law, cross-border insolvency law and financial law.
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