Bankruptcy / Insolvency Insolvency

English Corporate Insolvency Law: A Primer

Edited by Eugenio Vaccari · Emilie Ghio
Edward Elgar Publishing October 2022

Specifications

ISBN-13
9781802204087
Publisher
Edward Elgar Publishing
Publication
October 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

This unique book provides readers with a concise yet rigorous outline of the English corporate insolvency framework as it is practised in domestic and cross-border cases. In doing so, this primer provides clear and accessible guidance on what is often considered to be a highly technical subject.

Throughout the book, Eugenio Vaccari and Emilie Ghio demonstrate how to successfully navigate the uncharted waters of the significantly revised English corporate insolvency rules and procedures. Chapters answer foundational questions in insolvency law, such as: How are companies liquidated in England? How and why are they rescued and restructured? What happens when a company is liquidated or restructured, but has assets and creditors in England and abroad? The book also includes a comprehensive analysis of the sweeping and far-reaching changes to the regulatory framework introduced in the wake of the COVID-19 pandemic.

Providing a blend of accessible but detailed guidance and critical discussion, the hybrid nature of English Corporate Insolvency Law: A Primer will make the book an ideal companion for students, practitioners (especially new entrants to the profession) and researchers in the fields of company and insolvency law, both within England and internationally.

Table of Contents

Preface
PART I. INTRODUCTION TO CORPORATE INSOLVENCY LAW
1. The financial context of insolvency
2. The roots and history of insolvency law
3. The institutional setting
PART II. LIQUIDATION, RECEIVERSHIP AND DISTRIBUTION OF ASSETS
4. Liquidation
5. Administrative receivership
6. Gathering and distributing assets and dividends
PART III. RESCUE PROCEDURES
7. Administration
8. Management of companies in distress and CVAs
9. Restructuring procedures
PART IV. INVESTIGATING AND SUPPRESSING MISCONDUCT
10. Directors’ duties
11. Malpractice before and during liquidation (and administration)
12. Adjustment or avoidance of prior transactions
13. Criminal offences
14. Disqualification and personal liability
PART V. CROSS-BORDER INSOLVENCY LAW
15. The theoretical underpinnings of cross-border insolvency law
16. The international and European frameworks for cross-border insolvency law
17. The domestic framework for cross-border insolvency cases

Index
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