The 800-pound gorilla. Limits to Group Structures and Asset Partitioning in Insolvency
eBook - PDF

The 800-pound gorilla. Limits to Group Structures and Asset Partitioning in Insolvency

Preadviezen / Reports 2018

  1. 110 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

The 800-pound gorilla. Limits to Group Structures and Asset Partitioning in Insolvency

Preadviezen / Reports 2018

About this book

'Limits to Group Structures and Asset Partitioning in Insolvency: The 800-pound gorilla' was the theme of the 2018 annual meeting of the NACIIL. This theme encompasses two related topics at the intersection of corporate law and insolvency law: (1) the artificial subdivision of enterprises over different legal entities (assetpartitioning) and (2) selective perforation by meansofguarantees.
Examples of strategic division of assets over group companies are attempts to actively suppress value by taking out key assets and placing these in separate legal entities, such as IP rights or crucial real estate. Another example is cutting up an enterprise in a loss making and profit makingpart.
Selective perforation by means of guarantees concerns the wide spread phenomenon of cross guarantees in group structures and the ensuing benefits for certain creditors to the detriment of others. In the words of prof. W.H. Widen (US): "If secured lending presents fairness problems, the unsecured syndicated guarantee may be the 800-pound gorilla in the corner that goes unnoticed."

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Yes, you can access The 800-pound gorilla. Limits to Group Structures and Asset Partitioning in Insolvency by NACIIL in PDF and/or ePUB format, as well as other popular books in Law & International Law. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Eleven International Publishing
Year
2019
eBook ISBN
9789462746442
Edition
0
Topic
Law
Subtopic
International Law
Index
Law

Table of contents

  1. Table of Contents
  2. Limits to Group Structures and Asset Partitioning in Insolvency
  3. Limits to Group Structures and Asset Partitioning in Insolvency: Suppressing Value and Selective Perforation by Means of Guarantees – NACIIL Annual Meeting, Amsterdam, November 15, 2018
  4. Curb Your Opportunism: Limits to Group Structures and Asset Partitioning in Insolvency in Belgium
  5. Strategic Asset Partitioning under Dutch Law
  6. Selective Perforation by Means of Guarantees: Dutch Law