Insolvency & Bankruptcy Law in India, UK & USA

Insolvency & Bankruptcy Law in India, UK & USA PDF Author: Shaheen Banoo
Publisher: Eliva Press
ISBN: 9781952751998
Category :
Languages : en
Pages : 138

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Book Description
This book examines the Insolvency and Bankruptcy Law and Practices across jurisdictions viz., India, United Kingdom and the United States of America. The individual chapters explore the different insolvency regimes prevalent in India, UK and the USA and the emergency measures amidst the COVID-19 pandemic to deal with the upsurge in insolvency filings as the pandemic has sent the financial markets into a tailspin across the world. The full range of chapters evaluates the legal framework of the insolvency laws in germane jurisdictions and divulges into the foundational concepts upon which rests the cornerstone of the bankruptcy law and assesses the basal substantive law for further policy amendments. The book dictates deployment of a judicious mix of conventional and unconventional changes to revamp the sinking financial markets with insolvency being a protuberant aspect inter alia requisitioning refit. The book imbibes the multitudinous approach to examine the principles of insolvency and bankruptcy law and presents a comparative outlook on different insolvency regimes with statistics in the selected jurisdictions as the overriding theme of the book.

Insolvency & Bankruptcy Law in India, UK & USA

Insolvency & Bankruptcy Law in India, UK & USA PDF Author: Shaheen Banoo
Publisher: Eliva Press
ISBN: 9781952751998
Category :
Languages : en
Pages : 138

Get Book Here

Book Description
This book examines the Insolvency and Bankruptcy Law and Practices across jurisdictions viz., India, United Kingdom and the United States of America. The individual chapters explore the different insolvency regimes prevalent in India, UK and the USA and the emergency measures amidst the COVID-19 pandemic to deal with the upsurge in insolvency filings as the pandemic has sent the financial markets into a tailspin across the world. The full range of chapters evaluates the legal framework of the insolvency laws in germane jurisdictions and divulges into the foundational concepts upon which rests the cornerstone of the bankruptcy law and assesses the basal substantive law for further policy amendments. The book dictates deployment of a judicious mix of conventional and unconventional changes to revamp the sinking financial markets with insolvency being a protuberant aspect inter alia requisitioning refit. The book imbibes the multitudinous approach to examine the principles of insolvency and bankruptcy law and presents a comparative outlook on different insolvency regimes with statistics in the selected jurisdictions as the overriding theme of the book.

India Insolvency (Bankruptcy) Laws and Regulations Handbook

India Insolvency (Bankruptcy) Laws and Regulations Handbook PDF Author: IBP. Inc. USA
Publisher:
ISBN: 9781433085338
Category : Business & Economics
Languages : en
Pages : 300

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Book Description
India Insolvency (Bankruptcy) Laws and Regulations Handbook - Strategic Information and Basic Laws

Cross-border Insolvency

Cross-border Insolvency PDF Author: United Kingdom National Committee of Comparative Law
Publisher: British Institute for International & Comparative Law
ISBN:
Category : Bankruptcy
Languages : en
Pages : 348

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Book Description


Pre-packaged Insolvency in India

Pre-packaged Insolvency in India PDF Author: Himani Singh
Publisher:
ISBN:
Category :
Languages : en
Pages : 16

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Book Description
Pre-packaged bankruptcy, commonly referred to as “Pre-packs” finds its roots in United States and United Kingdom; but is yet to be formally integrated in the Indian bankruptcy regime. While the latest Insolvency and Bankruptcy Code, 2016 has been helpful in improving the stressed asset statistics, the statute is still undergoing teething troubles and has scope for bringing in many improvements such as introducing Pre-packs. In this backdrop, this term paper discusses the basic features of Indian insolvency structure and how Pre-packs will fare in the market given the current regulatory regime. The paper analyses the corporate insolvency resolution process in India, highlights specific challenges to introduction of Pre-packs and presents a holistic overview of the benefits as well as disadvantages that Pre-packs would bring along with them.

India Insolvency (Bankruptcy) Laws and Regulations Handbook - Strategic Information, Basic Regulations

India Insolvency (Bankruptcy) Laws and Regulations Handbook - Strategic Information, Basic Regulations PDF Author: Ibpus Com
Publisher: IBP USA
ISBN: 9781433086144
Category : Business & Economics
Languages : en
Pages : 306

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Book Description
India Insolvency (Bankruptcy) Laws and Regulations Handbook - Strategic Information, Basic Regulations

Bankruptcy Laws

Bankruptcy Laws PDF Author: Md Rashid Shamim
Publisher:
ISBN:
Category :
Languages : en
Pages : 6

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Book Description
This study examines a comparative relationship of United States and Indian insolvency and bankruptcy laws from individual and corporate prospective and analysis of the legislative framework. This study shows significant amendments and replacement made in previous related Acts for implementing the all new bankruptcy code with insolvency resolution and liquidation process with brief history of bankruptcy.

The Law of International Insolvencies and Debt Restructurings

The Law of International Insolvencies and Debt Restructurings PDF Author: James R. Silkenat (jurist.)
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 744

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Book Description
During the past several years, there have been an unprecedented number of insolvencies and restructurings of multinational corporations, both inside and outside of traditional bankruptcy proceedings. The Law of International Insolvencies and Debt Restructurings is the first treatise to analyze the newly created doctrines of law and procedure that have developed as insolvencies and restructurings have become increasingly international in character and now frequently involve the laws of numerous jurisdictions. Leading attorneys address developments in bankruptcy and insolvency laws in the countries that have become the focal points for legal proceedings, including the United States, Mexico, England, Spain, Italy, Argentina, Brazil, China, France, Japan, and Canada. Essential topics in the law of international restructuring and insolvency are also explored in depth, including national legislation and procedures, treaties and cooperation agreements, sovereign debt litigation, and inter-creditor relationships. Coverage includes: - Methods of restructuring multinational corporate and sovereign debt - Judicial bankruptcy proceedings - Rights of creditors - Jurisdiction and venue - European Council Regulations - Choice of Law - Dispute resolution - Access by foreign parties to U.S. bankruptcy courts

The Touche Ross Guide to International Insolvency

The Touche Ross Guide to International Insolvency PDF Author: Touche Ross International
Publisher: Irwin Professional Publishing
ISBN:
Category : Bankruptcy
Languages : en
Pages : 224

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Book Description


Corporate Insolvency Resolution Law in India - A Proposal to Overcome the 'Initiation Problem'

Corporate Insolvency Resolution Law in India - A Proposal to Overcome the 'Initiation Problem' PDF Author: Akshaya Kamalnath
Publisher:
ISBN:
Category :
Languages : en
Pages : 54

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Book Description
India introduced the Insolvency and Bankruptcy Code (“IBC”) in 2016 with a view to encourage quick and efficient corporate rescue and restructuring. It follows a UK style 'insolvency professional in possession' model rather than a US style 'debtor in possession' model. Within this model, the IBC has introduced some commendable infrastructure like dedicated company law tribunals, a dedicated regulator and strict timelines. However, the implementation and use of the law in the past two years have exposed a few problems. The main problems arise from directors, who are also controlling shareholders (referred to as promoters in India), refusing to cede control of the company. This article examines the problem at the pre-insolvency phase where directors are reluctant to initiate the IBC process and lose control of the company. The article proposes the introduction of a 'modified Revlon duty' when a near insolvent company is seeking bids. This duty will incentivize promoters to act in the interests of reviving the company rather than retaining control to the point of liquidation.

Indian Financial Sector

Indian Financial Sector PDF Author: Rakesh Mohan
Publisher: International Monetary Fund
ISBN: 1475570201
Category : Business & Economics
Languages : en
Pages : 35

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Book Description
This paper traces the story of Indian financial sector over the period 1950–2015. In identifying the trends and turns of Indian financial sector, the paper adopts a three period classification viz., (a) the 1950s and 1960s, which exhibited some elements of instability associated with laissez faire but underdeveloped banking; (b) the 1970s and 1980s that experienced the process of financial development across the country under government auspices, accompanied by a degree of financial repression; and (c) the period since the 1990s till date, that has been characterized by gradual and calibrated financial deepening and liberalization. Focusing more the third period, the paper argues that as a consequence of successive reforms over the past 25 years, there has been significant progress in making interest and exchange rates largely market determined, though the exchange rate regime remains one of managed float, and some interest rates remain administered. Considerable competition has been introduced in the banking sector through new private sector banks, but public sector banks continue have a dominant share in the market. Contractual savings systems have been improved, but pension funds in India are still in their infancy. Similarly, despite the introduction of new private sector insurance companies coverage of insurance can expand much further, which would also provide greater depth to the financial markets. The extent of development along all the segments of the financial market has not been uniform. While the equity market is quite developed, activities in the private debt market are predominantly confined to private placement form and continue to be limited to the bluechip companies. Going forward, the future areas for development in the Indian financial sector would include further reduction of public ownership in banks and insurance companies, expansion of the contractual savings system through more rapid expansion of the insurance and pension systems, greater spread of mutual funds, and development of institutional investors. It is only then that both the equity and debt markets will display greater breadth as well as depth, along with greater domestic liquidity. At the same time, while reforming the financial sector, the Indian authorities had to constantly keep the issues of equity and efficiency in mind.