Intra-group financing and enterprise group insolvency : law and practice / Ilya Kokorin (Assistant Professor of Law, Leiden University, the Netherlands).

Format:

Book

Author/Creator:

Kokorin, Ilya, author.

Contributor:

Edward Elgar Publishing, publisher.

Series:

Elgar corporate and insolvency law and practice series.

Elgar corporate and insolvency law and practice series

Language:

English

Subjects (All):

Bankruptcy.

Finance--Law and legislation.

Finance.

Physical Description:

1 online resource (356 pages).

Edition:

1st ed.

Place of Publication:

Northampton : Edward Elgar, 2025.

Summary:

"This book examines common intra-group financial transactions, such as intra-group loans and cross-guarantees, highlighting their impact and treatment in the insolvency and restructuring of multinational enterprise groups. It identifies the unique challenges posed by the complex corporate and financial structures of multinational firms when one or more group entities face insolvency. It provides a comparative analysis of statutes and recent case law from three leading restructuring forums: the UK, the USA and the Netherlands. Key Features: Assesses how insolvency law can better respond to the economic realities of corporate groups and their financial arrangements. Identifies post-global financial crisis regulations for banking groups and how they can inform solutions for corporate group insolvencies. Investigates modern commercial practices and legal tools for group restructurings, including third-party releases, extended enforcement stays, rescue financing and safe harbours against transaction avoidance. Analyses common intra-group financial arrangements, such as intra-group loans, centralised cash management, cross-guarantees and other forms of shared liability, exploring the major problems they create in insolvency. Clear, comparative and comprehensive in scope, this book offers valuable insights for judges and lawyers specialising in company, financial and insolvency law, as well as for insolvency practitioners and policymakers. It also serves as an essential resource for students and scholars in the fields of corporate law and governance, insolvency law, finance and banking law"-- Provided by publisher.

Contents:

Contents: Preface

Table of cases

Table of legislation

Part I: Introduction

1. What this book is about

Part II: Enterprise groups: Their life and death

2. Phenomenon and rise of multinational enterprise groups

3. Enterprise groups and insolvency law

Part III: Principles of insolvency law and how to balance them

4. Principles of insolvency law and conflicts between them

Part IV: Intra-group financing and insolvency: Transactions and problems

5. Cross-guarantees, recourse claims and 'orphan restructurings'

6. Intra-group loans and statutory subordination

7. Facing uncertainty: Intra-group financing and transaction avoidance

Part V: Group-sensitive insolvency law: Tools and solutions

8. Group debt deleveraging and debt adjustment: Third-party releases

9. Insolvency stay on creditor action and its extension to group entities

10. Intra-group rescue financing: Safe harbours and pre-emptive strategies

Part VI: Conclusion

11. Key findings and observations

Index.

Notes:

Includes index.

Description based on print record.

Description based on publisher supplied metadata and other sources.

ISBN:

1-03-537044-1

1-03-533021-0

OCLC:

1534705564