Author:
Publisher:
ISBN: 9789210563994
Category : Bankruptcy
Languages : en
Pages : 118
Book Description
UNCITRAL model law on cross-border insolvency -- Guide to enactment and interpretation of the UNCITRAL model law on cross-border insolvency -- General assembly resolution 52/158 of 15 december 1997 -- decision of the united nations commission on international trade law
UNCITRAL Model Law on Cross-border Insolvency with Guide to Enactment and Interpretation
Author:
Publisher:
ISBN: 9789210563994
Category : Bankruptcy
Languages : en
Pages : 118
Book Description
UNCITRAL model law on cross-border insolvency -- Guide to enactment and interpretation of the UNCITRAL model law on cross-border insolvency -- General assembly resolution 52/158 of 15 december 1997 -- decision of the united nations commission on international trade law
Publisher:
ISBN: 9789210563994
Category : Bankruptcy
Languages : en
Pages : 118
Book Description
UNCITRAL model law on cross-border insolvency -- Guide to enactment and interpretation of the UNCITRAL model law on cross-border insolvency -- General assembly resolution 52/158 of 15 december 1997 -- decision of the united nations commission on international trade law
Cross-Border Insolvency
Author: Neil Hannan
Publisher: Springer
ISBN: 9811058768
Category : Law
Languages : en
Pages : 270
Book Description
This book examines the effect of the adoption of the United Nations Committee on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency in five common law jurisdictions, namely Australia, Canada, New Zealand, the United Kingdom, and the United States of America. It examines how each of those states has adopted, interpreted and applied the provisions of the Model Law, and highlights the effects of inconsistencies by examining jurisprudence in each of these countries, specifically how the Model Law affects existing principles of recognition of insolvency proceedings. The book examines how the UNCITRAL Guide to enactment of the Model Law has affected the interpretation of each of its articles and, in turn, the courts’ ability to interpret and hence give effect to the purposes of the Model Law. It also considers the ability of courts to refer to amendments made to the Guide after enactment of the Model Law in a state, thereby questioning whether the current inconsistencies in interpretation can be overcome by UNCITRAL amending the Guide.
Publisher: Springer
ISBN: 9811058768
Category : Law
Languages : en
Pages : 270
Book Description
This book examines the effect of the adoption of the United Nations Committee on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency in five common law jurisdictions, namely Australia, Canada, New Zealand, the United Kingdom, and the United States of America. It examines how each of those states has adopted, interpreted and applied the provisions of the Model Law, and highlights the effects of inconsistencies by examining jurisprudence in each of these countries, specifically how the Model Law affects existing principles of recognition of insolvency proceedings. The book examines how the UNCITRAL Guide to enactment of the Model Law has affected the interpretation of each of its articles and, in turn, the courts’ ability to interpret and hence give effect to the purposes of the Model Law. It also considers the ability of courts to refer to amendments made to the Guide after enactment of the Model Law in a state, thereby questioning whether the current inconsistencies in interpretation can be overcome by UNCITRAL amending the Guide.
UNCITRAL Model Law on Cross-border Insolvency, with Guide to Enactment
Author: United Nations Commission on International Trade Law
Publisher:
ISBN: 9789211336085
Category : Bankruptcy
Languages : en
Pages : 94
Book Description
The UNCITRAL Model Law on Cross-Border Insolvency, adopted in 1997, is designed to assist States to equip their insolvency laws with a modern, harmonized & fair framework to address more effectively, instances of cross-border insolvency. Those instances include cases where the insolvent debtor has less assets in more than one State or where some of the creditors are not from the State where insolvency proceeding is taking place.
Publisher:
ISBN: 9789211336085
Category : Bankruptcy
Languages : en
Pages : 94
Book Description
The UNCITRAL Model Law on Cross-Border Insolvency, adopted in 1997, is designed to assist States to equip their insolvency laws with a modern, harmonized & fair framework to address more effectively, instances of cross-border insolvency. Those instances include cases where the insolvent debtor has less assets in more than one State or where some of the creditors are not from the State where insolvency proceeding is taking place.
UNCITRAL Practice Guide on Cross-border Insolvency Cooperation
Author:
Publisher: United Nations Publications
ISBN: 9789211336887
Category : Political Science
Languages : en
Pages : 0
Book Description
Adopted by UNCITRAL on 1 July 2009, the publication provides information for insolvency practitioners and judges on practical aspects of cooperation and communication in cross-border insolvency cases. The information is based upon a description of collected experience and practice, focusing on the use and negotiation of cross-border agreements. It provides an analysis of more than 39 agreements, ranging from written agreements approved by courts to oral arrangement between parties to the proceedings that have been entered into over the last decade or so. It illustrates how the resolution of issues and conflicts that might arise in cross-border insolvency cases could be facilitated by cross-border cooperation, and includes a number of sample clauses to illustrate how different issues have been, or might be, addressed. It also includes summaries of the cases in which the cross-border agreements that form the basis of the analysis were used.
Publisher: United Nations Publications
ISBN: 9789211336887
Category : Political Science
Languages : en
Pages : 0
Book Description
Adopted by UNCITRAL on 1 July 2009, the publication provides information for insolvency practitioners and judges on practical aspects of cooperation and communication in cross-border insolvency cases. The information is based upon a description of collected experience and practice, focusing on the use and negotiation of cross-border agreements. It provides an analysis of more than 39 agreements, ranging from written agreements approved by courts to oral arrangement between parties to the proceedings that have been entered into over the last decade or so. It illustrates how the resolution of issues and conflicts that might arise in cross-border insolvency cases could be facilitated by cross-border cooperation, and includes a number of sample clauses to illustrate how different issues have been, or might be, addressed. It also includes summaries of the cases in which the cross-border agreements that form the basis of the analysis were used.
UNCITRAL Model Law on Secured Transactions
Author: United Nations Commission on International Trade Law
Publisher: United Nations
ISBN: 9210602331
Category : Political Science
Languages : en
Pages : 90
Book Description
The UNCITRAL Model Law on Secured Transactions (the "Model Law") deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents, non-intermediated securities and intellectual property with few exceptions, such as intermediated securities. The Model Law follows a unitary approach using one concept for all types of security interest, a functional approach under which the Model Law applies to all types of transaction that fulfil security purposes, such as a secured loan, retention-of-title sale or financial lease, and a comprehensive approach under which the Model Law applies to all types of asset, secured obligation, borrower and lender.
Publisher: United Nations
ISBN: 9210602331
Category : Political Science
Languages : en
Pages : 90
Book Description
The UNCITRAL Model Law on Secured Transactions (the "Model Law") deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents, non-intermediated securities and intellectual property with few exceptions, such as intermediated securities. The Model Law follows a unitary approach using one concept for all types of security interest, a functional approach under which the Model Law applies to all types of transaction that fulfil security purposes, such as a secured loan, retention-of-title sale or financial lease, and a comprehensive approach under which the Model Law applies to all types of asset, secured obligation, borrower and lender.
UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments with Guide to Enactment
Author: United Nations
Publisher: United Nations
ISBN: 9210478398
Category : Political Science
Languages : en
Pages : 84
Book Description
The Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLIJ) is designed to provide States with a simple, straightforward and harmonized procedure for recognition and enforcement of insolvency-related judgments and complements the UNCITRAL Model Law on Cross-Border Insolvency to further assist the conduct of cross-border insolvency proceedings.
Publisher: United Nations
ISBN: 9210478398
Category : Political Science
Languages : en
Pages : 84
Book Description
The Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLIJ) is designed to provide States with a simple, straightforward and harmonized procedure for recognition and enforcement of insolvency-related judgments and complements the UNCITRAL Model Law on Cross-Border Insolvency to further assist the conduct of cross-border insolvency proceedings.
UNCITRAL Model Law on Cross-border Insolvency with Guide to Enactment and Interpretation
Author: United Nations Commission on International Trade Law
Publisher: UN
ISBN: 9789211338195
Category : Law
Languages : en
Pages : 0
Book Description
The publication includes a new Guide to Enactment and Interpretation of the Model Law on Cross-Border Insolvency that provides more information and guidance on the interpretation and application of selected aspects of the Model Law, in particular the concept of the debtor's "center of main interests" and the factors relevant to rebuttal of the presumption in article 16(3), the use of the word "insolvency" in the Model Law and various elements of the definition of "foreign proceeding" in article 2. The revisions do not in any way affect the text of the Model Law as drafted.
Publisher: UN
ISBN: 9789211338195
Category : Law
Languages : en
Pages : 0
Book Description
The publication includes a new Guide to Enactment and Interpretation of the Model Law on Cross-Border Insolvency that provides more information and guidance on the interpretation and application of selected aspects of the Model Law, in particular the concept of the debtor's "center of main interests" and the factors relevant to rebuttal of the presumption in article 16(3), the use of the word "insolvency" in the Model Law and various elements of the definition of "foreign proceeding" in article 2. The revisions do not in any way affect the text of the Model Law as drafted.
UNCITRAL Model Law on Cross-border Insolvency, with Guide to Enactment
Author: United Nations Commission on International Trade Law
Publisher:
ISBN: 9789211336085
Category : Bankruptcy
Languages : en
Pages : 94
Book Description
The UNCITRAL Model Law on Cross-Border Insolvency, adopted in 1997, is designed to assist States to equip their insolvency laws with a modern, harmonized & fair framework to address more effectively, instances of cross-border insolvency. Those instances include cases where the insolvent debtor has less assets in more than one State or where some of the creditors are not from the State where insolvency proceeding is taking place.
Publisher:
ISBN: 9789211336085
Category : Bankruptcy
Languages : en
Pages : 94
Book Description
The UNCITRAL Model Law on Cross-Border Insolvency, adopted in 1997, is designed to assist States to equip their insolvency laws with a modern, harmonized & fair framework to address more effectively, instances of cross-border insolvency. Those instances include cases where the insolvent debtor has less assets in more than one State or where some of the creditors are not from the State where insolvency proceeding is taking place.
Legislative Guide on Insolvency Law
Author: United Nations Commission on International Trade Law
Publisher: United Nations Publications
ISBN: 9789211337365
Category : Law
Languages : en
Pages : 384
Book Description
This publication seeks to assist the establishment of a legal framework for an efficient and effective national corporate insolvency regime which strikes a balance between the financial difficulties of debtors and the interests of creditors and other relevant parties, as well as addressing public policy concerns. The text of this draft legislative guide was adopted by UNCITRAL in June 2004 and approved by UN General Assembly resolution 59/40 in December 2004.
Publisher: United Nations Publications
ISBN: 9789211337365
Category : Law
Languages : en
Pages : 384
Book Description
This publication seeks to assist the establishment of a legal framework for an efficient and effective national corporate insolvency regime which strikes a balance between the financial difficulties of debtors and the interests of creditors and other relevant parties, as well as addressing public policy concerns. The text of this draft legislative guide was adopted by UNCITRAL in June 2004 and approved by UN General Assembly resolution 59/40 in December 2004.