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Most nations have enacted statutes governing business liquidation and reorganization. These statutes are the primary focus when policymakers and scholars discuss ways to improve laws governing business failure. This focus is misplaced, at least for distressed small businesses in the United...
Corporate groups are a well-known phenomenon of corporate law that has been subject to extensive academic scrutiny, last but not least in this journal. The corporate personality is strangely at odds with both the everyday-life and the economic perception of big natioal and international concerns...
The author goes beyond the well-known topic of US-type fraudulent transfer rules as an alternative to the European legal capital rules and deals with the role played in company law by fraudulent transfer provisions and, more generally, by insolvency law rules that work in a functionally...
With effect from September 15, 2003, the Enterprise Act made significant changes to the governance of corporate rescue procedures in the United Kingdom which involved a shift away from a “concentrated creditor” model of governance towards a “dispersed creditor” model of governance which...
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