Accounting-based profit distribution restrictions have been a key issue of the EU's company law harmonisation efforts. At present, the concept of creditor protection via the maintenance of a minimum level of nominal capital is challenged in several respects: (i) With its recent rulings, the...

What is a good and effective creditor protection system? Can a creditor protection system, understood as a variety of mechanisms employed jointly or individually to protect the interests of creditors, deliver for all creditors, or are there different systems of creditor protection needed for...

In this Chapter, we briefly survey the common law's adventures with creditor protection over the course of American history with a special focus on Delaware, the most important jurisdiction for corporate law. We examine the evolution of the equitable doctrines that judges have used to answer a...

Corporate Insolvency is a ground for liquidation which is a matter of serious concern. Effective Insolvency procedures needs to be established for protecting the interest of the creditors efficiently. India does not have a separate Insolvency Act like United States of America and United Kingdom....