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Corporate Governance in Transition
This book presents an account of legal, economic and managerial perspectives on governance in situations of financial distress and insolvency. It uses detailed real-life case studies of executive decision making to explore and illustrate the discussion. The book deals with the emergence of corporate governance as a framework of checks and balances on executive decision-making, before moving to the core issues of governance during financial distress and insolvency and alternative informal and formal rescue. Identifying and reviewing turnaround strategies and formal rescue processes available to management, the book also examines the increasing importance of creditors and their impact on business decision-making. The book provides a detailed interpretation of governance in five mega insolvencies in retail and construction following the financial crisis in 2008. It also sets out a methodology which is designed to inform and help those readers seeking to analyse and interpret director behaviour in such circumstances.
Recognising and Dealing with Business Distress
Businesses fail – some spectacularly and suddenly, others more gradually over time. In some companies business decline can be turned around or at least delayed. In many others there is no option other than business closure. Over the past twenty years the rate of business failure has accelerated. Insolvency rates are high not just for small businesses but also for large well known public companies. Identifying possible causes of business distress is now recognised as an important agenda item. Creating the capacity to bounce back from such distress – business resilience – has become a priority. The authors blend their own practical experience, academic research and a systematic analysis ...
Der Gläubigerschutz in der präventiven Restrukturierung
Mit der Umsetzung der Restrukturierungsrichtlinie im Jahr 2021 hat der deutsche Gesetzgeber erstmals einen rechtlichen Rahmen fur praventive Restrukturierungen geschaffen. Im englischen Recht haben praventive Restrukturierungsverfahren eine lange Tradition. Mit dem Corporate Insolvency and Governance Act 2020 hat aber auch der englische Gesetzgeber sein Restrukturierungsrecht tiefgreifend reformiert. Die Umsetzung der Restrukturierungsrichtlinie und die englische Gesetzesreform bieten Anlass, den Glaubigerschutz bei praventiven Restrukturierungen in beiden Rechtsordnungen vor dem Hintergrund der veranderten Rahmenbedingungen fur Restrukturierungen einer vergleichenden Untersuchung zu unterziehen.
Corporate Governance in Transition
This book presents an account of legal, economic and managerial perspectives on governance in situations of financial distress and insolvency. It uses detailed real-life case studies of executive decision making to explore and illustrate the discussion. The book deals with the emergence of corporate governance as a framework of checks and balances on executive decision-making, before moving to the core issues of governance during financial distress and insolvency and alternative informal and formal rescue. Identifying and reviewing turnaround strategies and formal rescue processes available to management, the book also examines the increasing importance of creditors and their impact on business decision-making. The book provides a detailed interpretation of governance in five mega insolvencies in retail and construction following the financial crisis in 2008. It also sets out a methodology which is designed to inform and help those readers seeking to analyse and interpret director behaviour in such circumstances.
Recognising and Dealing with Business Distress
Businesses fail – some spectacularly and suddenly, others more gradually over time. In some companies business decline can be turned around or at least delayed. In many others there is no option other than business closure. Over the past twenty years the rate of business failure has accelerated. Insolvency rates are high not just for small businesses but also for large well known public companies. Identifying possible causes of business distress is now recognised as an important agenda item. Creating the capacity to bounce back from such distress – business resilience – has become a priority. The authors blend their own practical experience, academic research and a systematic analysis ...
Corporate Insolvency Law
Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.
Secured Credit Under English and American Law
Secured Credit drives economic activity. Under English Law it is possible to create security over almost any asset, but the law is widely considered to be unsatisfactory for several reasons, including a cumbersome registration system, a preoccupation with formalistic distinctions and the lack of clear and rationally-determined priority rules. Gerard McCormack examines the current state of English law highlighting its weaknesses. He uses Article 9 of the American Uniform Commercial Code as a reference point: this Article has successfully serviced the world's largest economy for over 40 years and is increasingly used as the basis for legislation by Commonwealth jurisdictions including Canada and New Zealand. The Law Commission has suggested the enactment of similar legislation in England. In addition, McCormack considers if there really is a case for the priority of secured credit, as well as if there are other international models to draw upon. Contains the text of Article 9.
Capitalism Before Corporations
This series presents original work in legal history from all periods. Contributions to the series analyse diverse legal traditions, including common law; ius commune, civilian and canon law; colonial, imperial, and international law; and customary, religious, and non-Western cultures of law. The series embraces methods ranging from doctrinal and juristic analysis through to every variety of historical, social scientific, and philosophical enquiry. A leading purpose of the series is to investigate how legal ideas and practices operated in larger historical contexts. Our authors trace changes in legal thought and practice and the interactions of law with political and constitutional institutions and wider movements in social, economic, cultural, and intellectual life. Book jacket.
Research Methods
The Business Briefings series offers authoritative introductory textbooks in core business topics. Covering the basics and providing springboards to further study, the books take a no-nonsense practical approach, and are ideal as accessible introductions or as revision guides. This book explains what is required for carrying out a successful research project. Clear and well-structured, it allows students to quickly grasp key concepts in research methodology, taking them through the various stages of developing a dissertation in a step-by-step guide. Key benefits: - Provides a concise and cogent guide to a challenging subject area - Provides a step-by-step guide to writing a dissertation Prof...
Methods That Matter
To do research that really makes a difference -- the authors of this book argue -- social scientists need a diverse set of questions and methods, both qualitative and quantitative, in order to reflect the complexity of the world. Bringing together a consortium of voices across a variety of fields, Methods That Matter offers compelling and successful examples of mixed methods research that does just that. Discussing their own endeavors to combine quantitative and qualitative methodologies, the authors invite readers into a conversation about the best designs and practices of mixed methods to stimulate creative ideas and find new pathways of insight. The result is an engaging exploration of a promising approach to the social sciences. --
