Conference
Author | : |
Publisher | : |
Total Pages | : 434 |
Release | : 2007 |
Genre | : Business failures |
ISBN | : |
Download Conference Book in PDF, Epub and Kindle
Download The Zone Of Insolvency full books in PDF, epub, and Kindle. Read online free The Zone Of Insolvency ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : |
Publisher | : |
Total Pages | : 434 |
Release | : 2007 |
Genre | : Business failures |
ISBN | : |
Author | : Frederick Tung |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : |
ISBN | : |
This paper was prepared for a symposium - Twilight in the Zone of Insolvency: Fiduciary Duty and the Creditors of Troubled Companies - at the University of Maryland School of Law. Attacks on shareholder primacy have come from numerous quarters, arguing for expansion of the class of beneficiaries of directors' fiduciary duties. Regarding duties to creditors - the focus of this symposium - a long line of cases has recognized that once a firm is insolvent, creditors should be the primary beneficiaries of directors' fiduciary duties. Then in 1991, Chancellor Allen's famous discussion in Credit Lyonnais identified a special vicinity of insolvency. In that special situation when a firm approaches insolvency, Chancellor Allen suggested, creditors should be included with shareholders in the community of interests to whom directors owe fiduciary duties. Of late, even economically oriented scholars - typically defenders of shareholder primacy - have jumped in to argue for a broader class of beneficiaries. These scholars argue that directors should seek to maximize value not just for shareholders, but for all financial claimants of the firm as a group, and even performance creditors - those owed some contractual performance by the firm. In this Article, I suggest that at least for commercial creditors, fiduciary duties that include such creditors are unnecessary and may be counterproductive. Much of my discussion focuses on bank lending to large companies. Bank creditors' relative sophistication and the nature of their contractual relations with their borrower firms suggest that ex post judicial gap filling should be rare. Bank loans are typically renegotiated well before the borrower firm reaches insolvency, leaving no contract gaps for courts to fill. Other discussion applies to commercial creditors more generally. In particular, the standard justification for including creditors as beneficiaries of directors' fiduciary duties - the fear of excessive risk taking, or overinvestment, by managers of distressed firms - seems a rather weak rationale.
Author | : Ron Mattocks |
Publisher | : John Wiley & Sons |
Total Pages | : 239 |
Release | : 2008-07-07 |
Genre | : Business & Economics |
ISBN | : 0470283025 |
Written by Ron Mattocks, Zone of Insolvency shines a bright and urgent light on the real issue of creating financial strength across the whole spectrum of nonprofit organizations. This insightful book uniquely shows you how to rise above "business as usual" with workable solutions to launch your organization out of the Zone of Insolvency and into financial viability.
Author | : Stephen A. Radin |
Publisher | : |
Total Pages | : 5872 |
Release | : 2009 |
Genre | : Business judgment rule |
ISBN | : |
Author | : John William Butler |
Publisher | : Beard Books |
Total Pages | : 350 |
Release | : 2010-08 |
Genre | : Law |
ISBN | : 1905773080 |
A compendium of forty five articles on the restructuring process intended as a guide for corporate directors and officers.
Author | : |
Publisher | : |
Total Pages | : 244 |
Release | : 2005 |
Genre | : Bankruptcy |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : Bankruptcy |
ISBN | : 9789210557160 |
Introduction to part three -- General features of enterprise groups -- Addressing the insolvency of enterprise groups: Domestic issues -- Addressing the insolvency of enterprise groups: International issues -- Decision of the United Nations commission on international trade law on part three and general assembly resolution 65/24
Author | : Germany |
Publisher | : Springer |
Total Pages | : 332 |
Release | : 1996-07-03 |
Genre | : Law |
ISBN | : |
This book contains an English translation of the German Stock Corporation Law. The English and German texts are synoptically arranged. The introduction provides a concise overview of the main elements of the law and facilitates an understanding of the complex statutory provisions for the English-speaking reader. The main characteristics of both types of stock corporations in Germany, the AG and the KGaA, are described and explained. Several legal aspects of stock corporations, such as their formation and management, shareholders, minority rights, capital, integration, and mergers are covered in this book. The index is also arranged in bi-lingual form. This book reflects the prevailing state of legislation and will prove valuable to foreign lawyers and business people dealing with stock corporations.
Author | : |
Publisher | : |
Total Pages | : 42 |
Release | : 1983 |
Genre | : |
ISBN | : |
Author | : World Bank |
Publisher | : World Bank Publications |
Total Pages | : 241 |
Release | : 2019-11-21 |
Genre | : Business & Economics |
ISBN | : 1464814414 |
Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.