European insolvency regulations - application of the european regulation on insolvency proceedings.pdf

European insolvency regulations - application of the european regulation on insolvency proceedings

Emili Beltran Sanchez

The constant increase in international economic relationships has led to a continuous rise in international insolvency proceedings in which the effects of the insolvency extend to various countries as a result of the companies, assets or creditors outside the State in which the insolvency order is issued. Furthermore, these proceedings are becoming increasingly complex in themselves. Within the European Union, the need for a cross-border solution led to the ?Council Regulation on Insolvency Proceedings?, which follows the recommendations of the ?United Nations Commission on International Trade Law?, with the aim of providing creditors not resident in the state opening the insolvency proceedings with the possibility of requesting the admission of claims, and conferring on the insolvency bodies the powers necessary to act in respect of assets located in the territory of other States. Although the Council Regulation constitutes an important step forward regarding the conduct of international insolvency proceedings, it has not unified insolvency law. It is still possible, even within the European Union, for several insolvency proceedings to be opened simultaneously -even though one of them will be the main insolvency proceedings- and for the same insolvency proceedings to be subject to different laws. This work starts with an analysis of the European Community regulations and then provides an overview of the legislation of each State, summarising current proceedings, some recently changed, and analysing the solution offered under each legislation for matters on which the Council Regulation on Insolvency Proceedings stipulates that the law of the country in which the insolvency order is issued shall not necessarily be applicable. This work includes contributions from professionals specialised in insolvency law with proven and accredited practical and teaching experience in the best European law firms, who not only analyse the legal system applicable in their respective country, but who also suggest solutions for the numerous problems with which they are faced in daily practice. This feature makes this book especially valuable for scholars, practicing lawyers and for other professionals involved in insolvency proceedings. Given the scale of the task, only an international publisher such as Thomson Reuters could have successfully coordinated and edited the book.

This work starts with an analysis of the European Community regulations and then provides an overview of the legislation of each State, summarising current proceedings, some recently changed, and analysing the solution offered under each legislation for matters on which the Council Regulation on Insolvency Proceedings stipulates that the law of the country in which the insolvency order is ...

9.36 MB Tamaño del archivo
9788499035291 ISBN
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European insolvency regulations - application of the european regulation on insolvency proceedings.pdf

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Notas actuales

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Sofi Voighua

The impact of foreign insolvency proceedings on English law bank guarantees: ascertaining foreign law, the scope of the European Insolvency Regulation and the effect of pending actions 28 Oct 2019 Shail Patel acted for the successful defendants at trial in Bank of Baroda v Maniar [2019] EWHC 2463 Comm , in resisting claims by the bank on personal guarantees.

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Mattio Mazios

Council regulation (EC) No 1346/2000. of 29 May 2000. on insolvency proceedings. THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 61(c) and 67(1) thereof, The Insolvency Regulation 2000 was replaced and superseded by Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (Recast Insolvency Regulation) for insolvencies beginning on or after 26 June 2017.

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Noe Schulzzo

The EC Regulation does not harmonise European insolvency laws; rather it ... a clear framework of rules governing where insolvency proceedings may be opened, the ... When the UK leaves the EU, the EC Regulation will cease to apply to it. The European Insolvency Regulation (“EIR”), which dictates how its signees treat ... economic efficiencies, lower administrative costs, and centralized control of ... Territorialism imposes no single law but relies on each jurisdiction to apply its ...

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Jason Statham

EU Regulation 2015/848 of 20 May 2015 on insolvency proceeds ("New Regulation"), recasting the former Regulation (EC) 1346/2000 of 29 May 2000 ("Former Regulation"),came into force on 26 June 2017 1.The New Regulation will apply to any insolvency proceedings opened as from 26 June 2017. The main changes are: COMI: the New Regulation codifies the concept of "centre of main interests" ("COMI ...

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Jessica Kolhmann

Bankruptcy Tourism and the European Union's Corporate Restructuring ... its own law and procedure, which should accelerate implementation timelines. ... in cross -border insolvencies is jeopardized where the rules on jurisdiction are unclear ...