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The Banking Act 2009 has introduced a special regime to deal with failing banks in the UK. A feature of the legislation is the regulator's power to trigger the regime by determining whether or not a bank is likely to fail. The use of the Act with Dunfermline Building Society has highlighted the...
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Receivership law is different from bankruptcy law and commercial restructuring law in that it is not a creature of … statute. Whereas the bankruptcy and restructuring regimes are legislatively created, receivership law emerged out of English … approaches together with a review of the theoretical literature will be used to evaluate if the Canadian approach to regulation …
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EC Regulation on Insolvency Proceedings, and explaining why England and Wales in particular has proved to be an …This paper provides an account of the emergent phenomenon of ‘bankruptcy tourism' - forum shopping by debtors for … favourable personal insolvency law - within the EU and with particular reference to England and Wales. After outlining the …
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corporate crisis. Insolvency law and relevant regulation seem to support and protect repo and derivatives transactions, while at … concludes that regulation is better placed than insolvency law to address systemic stability concerns, whereas relevant … insolvency rules guarantee high levels of liquidity while they are ineffective in terms of stability. The paper will concentrate …
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proposals for reform of the EU Insolvency Regulation leave the question of how employee rights are governed solely under the law … out of insolvency. As one of the primary focuses of the reforms of the EU Insolvency Regulation is the reduction of forum … France with a particular emphasis on how they function within the proposed reforms to the European Insolvency Regulation …
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