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| Författare: | Mokal Riz
, Davis Ronald
, Mazzoni Alberto
, Mevorach Irit
, Romaine Barbara
, Sarra Janis
, Tirado Ignacio
, Madaus Stephan
| | Titel: | Micro, Small, and Medium Enterprise Insolvency – A Modular Approach | | Utgivningsår: | 2018 | | Omfång: | 256 sid. | | Förlag: | Oxford University Press | | ISBN: | 9780198799931 | | Produkttyp: | Inbunden | | Typ av verk: | Samlingsverk | | Ämnesord: | Insolvensrätt
, Utländsk rätt
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Pris: 1210 SEK exkl. moms  |  This new book systematically examines the current process for distressed Micro, Small and Medium Enterprises (MSMEs), and proposes a different, more appropriate, 'modular' approach to the treatment of such entities when faced with insolvency proceedings.
MSMEs play a vital role in virtually all global economies. They are a primary means by which entrepreneurs bring new business propositions to the market, and deliver a range of products and services to local economies. MSMEs tend to be more reliant on favourable legal and regulatory climates to survive and thrive than larger businesses, and insolvency regimes are often more tailored to these larger businesses, assuming an extensive insolvency estate of significant worth, and the presence of creditors and other concerned stakeholders to participate in and oversee the process. These assumptions and features are generally incongruous with the reality of MSMEs, for whom assets are of less value and whose stakeholders are generally more disinterested.
The modular approach proposed in this book addresses the imbalances, inconsistencies, and lack of supervision which is often apparent in treatment of insolvent MSMEs. It provides an overview of existing approaches to MSME insolvency, the place of MSMEs in the global economy, and the particular needs of MSMEs in financial distress. It then sets out the procedural framework, policy objectives, and key components of the modular approach, detailing how a choice of modules enables national policy-makers a more flexible process for resolution. It then outlines the roles, positions, and obligations of key stakeholder groups, and explains the managerial, administrative, and judicial functions of this approach. Finally, it explains how elements of the broader legal system should be.
- The only text to examine Micro, Small and Medium Enterprises insolvency
- Comparative treatment across both civil and common law jurisdictions
- Written by experts with extensive first-hand experience of judicial, international legal reform and intergovernmental policy formulation at institutions like the IMF, World Bank, UNCITRAL and UNIDROIT
Table of Contents
1:Introduction
2:MSME Insolvency Status Quo
3:Principles and Objectives Guiding the Modular Approach to MSME Insolvency
4:Procedure Under the Modular Approach
5:Complementary Tools and Incentives
6:Role and Position of Other Key Stakeholders Interacting with or Affected by the Distressed MSME
7:Examples for Implementing the Modular Approach beyond specific economic and institutional backgrounds
8:Conclusion
9:Annex 1: Introduction of the Modular Approach for MSMEs: A Basic Toolkit for Legal Reform
10:Annex 2: Lessons from One Jurisdiction on How to Identify Policy Needs of MSME Insolvency
11:Annex 3: Sample of Questionnaire for Lawyers
Appendix
Riz Mokal is a barrister at South Square Chambers and is Honorary Professor of Law and Legal Theory at University College London
Ronald Davis is Associate Professor of Law at the University of British Columbia, Canada.
Stephan Madaus is Professor of Law at the Martin-Luther-University Halle-Wittenberg, Germany
Alberto Mazzoni is Professor of Commercial Law and International Trade Law at the Catholic University of Milan, and President of UNIDROIT
Irit Mevorach is Professor of International Commercial Law at the University of Nottingham
Madam Justice Barbara Romaine is a Justice of the Alberta Court of Queen's Bench, Canada
Janis Sarra is UBC Presidential Distinguished Professor at University of British Columbia, Canada
Ignacio Tirado is Professor of Law at Universidad Autonoma De Madrid
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