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Implementation of the EU Preventive Restructuring Directive

Implementation of the EU Preventive Restructuring Directive
Author: Harold Koster
Publisher:
Total Pages: 0
Release: 2024-02-26
Genre: Law
ISBN: 9789047301868

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In 2019, the European Parliament and the Council adopted the Preventive Restructuring Directive (2019/1023), providing for minimum harmonisation of, among others, preventive restructuring frameworks (PRF). This book provides in-depth analyses of its implementation in seven European countries: Austria, Denmark, France, Germany, Greece, The Netherlands, and the United Kingdom. Whereas Member States of the European Union were under a duty to complete implementation by July 2022, the United Kingdom took inspiration from it when voluntarily introducing reforms to its restructuring regime. This book covers detailed analyses of the new or reformed PRFs across Europe, including the objective and scope of a PRF, the criteria/test to enter a PRF, the involved actors, the possibilities for a stay, the plan, the possibilities for a debt-for-equity swap, the effects of a PRF on executory contracts and jurisdiction and recognition of court decisions taken during a PRF. Drawing on the domestic implementations, the book also presents a comparative study evaluating the different policy options implemented by domestic legislators. This book functions as an insightful source for practitioners, academics and policy makers. This book series is published under the aegis of the Leiden Business and Law Research Network (BLRN). This research and expertise network conducts research on the various aspects of doing business in the context of company and insolvency law. BLRN pays particular focus on topics such as corporate governance, corporate sustainability, mergers and acquisitions, and restructuring and insolvency. www.universiteitleiden.nl/blrn


Restructuring and Insolvency in Europe: Policy Options in the Implementation of the EU Directive

Restructuring and Insolvency in Europe: Policy Options in the Implementation of the EU Directive
Author: Jose M Garrido
Publisher: International Monetary Fund
Total Pages: 53
Release: 2021-05-27
Genre: Business & Economics
ISBN: 1513573594

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The Directive on Restructuring and Insolvency sets minimum standards for restructuring and certain insolvency matters, but its harmonization effect will be limited given multiple options for implementation, likely leading to divergent restructuring models in Europe. These options reveal different policy approaches to the regulation of restructuring and insolvency. The analysis in this paper aims to illustrate the breadth of the policy choices and their consequences for restructuring activity. States should carefully design restructuring procedures to avoid the negative economic effects of certain options that could undermine creditors’ rights or result in unpredictable outcomes, particularly in cross-border cases.


The European Restructuring Directive

The European Restructuring Directive
Author: Gerard McCormack
Publisher: Edward Elgar Publishing
Total Pages: 319
Release: 2021-04-30
Genre: Law
ISBN: 1789908817

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This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.


A Dutch Tax Law Perspective on the Implementation of a Preventive Restructuring Framework

A Dutch Tax Law Perspective on the Implementation of a Preventive Restructuring Framework
Author: A.C.P. Bobeldijk
Publisher:
Total Pages:
Release: 2018
Genre:
ISBN:

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Through the proposed amendment of the EU Directive 2012/30/EU, the European Commission seeks the EU-wide implementation of a Preventive Restructuring Framework. The key objective is reduction of the likelihood of insolvency of generally viable businesses with (temporary) financial difficulties. Parallel to the Commission's efforts, the Dutch legislator published a detailed draft bill regulating the sanctioning of pre-insolvency composition. In the EU proposal and the Netherlands' draft legislation, relevant tax implications are not addressed. This may cause uncertainty and incentives for parties involved that interfere with the objective of a pre-insolvency composition. This article examines the Dutch tax aspects - for the debtor and involved creditors and shareholders - of common discharge and restructuring solutions in a binding restructuring plan. With every subject, general tax aspects are identified that may be relevant for other jurisdictions as well. It shows that a pre-insolvency composition may have important tax implications and that in some cases creditors and shareholders could even prefer bankruptcy over restructuring. The authors are of the opinion that the Dutch scheme needs further clarification and believe it even requires specific tax regulation. The authors recommend other EU Member States to assess the national tax elements of a binding pre-insolvency composition upon the implementation of the Preventive Restructuring Framework.


European Preventive Restructuring

European Preventive Restructuring
Author: Christoph G. Paulus
Publisher:
Total Pages: 500
Release: 2020-09-30
Genre:
ISBN: 9783406753503

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European Preventive Restructuring

European Preventive Restructuring
Author: Christoph G Paulus
Publisher: Beck/Hart/Nomos
Total Pages: 512
Release: 2021-05-20
Genre: Law
ISBN: 9781509938810

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The European Directive (Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2020 on preventive restructuring frameworks, on discharge of debts and disqualification, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt) has to be transposed into national legislation by 26 June 2021. The main features of the Directive are: - the obligatory making available of early warning systems; - the obligatory creation of an insolvency avoidance mechanism; - the determination of certain insolvency related officers' duties; - the uniformisation of discharge rules among member states; and - measures to increase the national insolvency laws' efficiency In this book a team of European-wide recognised, experienced insolvency law experts, some of whom had been involved in the drafting process of the Directive, analyse the Directive. The authors focus not only on the officials tasked in the national surroundings with drafting the national statutes but also on the wider implications which, one way or the other, will be national law. The commentary, thus, serves also the purposes of practitioners and judges in the field of restructuring.


The Priorities Dilemma in the EU Restructuring Directive

The Priorities Dilemma in the EU Restructuring Directive
Author: Giulia Ballerini
Publisher:
Total Pages: 31
Release: 2020
Genre:
ISBN:

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The EU Directive on preventive restructuring frameworks gives the EU Member States ('MSs') the choice between implementing two fairness rules in cross-class cram-down: the US-style absolute priority rule ('APR') or the newly conceived relative priority rule ('RPR'). This Article argues that there is no good reason for the MSs to implement the RPR in domestic law. While the APR effectively protects the rights of the dissenting classes to get what they are entitled for, the RPR increases moral hazard and opportunism. Also, it might make debt investments in the EU unattractive. On top of that, this Article shows that the RPR lacks a clear theoretical justification. One of the main reasons why the RPR was introduced in the Directive alongside the APR is that the RPR was thought to provide a solution to some of the APR problems. This Article considers three of these problems (i.e., the 'valuation problem', the 'holdout problem' and the 'problem of the relevant shareholders') and explains the reasons why the RPR is not an appropriate solution to them. Among these three problems, the most troublesome one from the perspective of the EU is that the APR makes it difficult to award value to equity of SMEs (the 'problem of the relevant shareholders'). This Article argues that using the RPR to deal with this problem would incentivize the shareholders to behave opportunistically and to orchestrate the restructuring. Instead of the RPR, this Article suggests two alternative techniques which MSs can enact to better address the issue: the new value exception 'in kind' and the disposable income method.