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Showing 1 to 20 of 158 for “"creditors"”.
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Priority rights of creditors in insolvency
… fundamental principle of insolvency law that all creditors are treated equally (the par! passu principle), in practice this principle is subject to a number of important exceptions. The principal exceptions are the respective rights of secured creditors, preferential creditors, landlords and …
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Creditors' Rights in Corporate Reorganization: A Financial Approach
Made available in DSpace on 2014-12-10T16:44:43Z (GMT). No. of bitstreams: 1 6507121.pdf: 15480156 bytes, checksum: d40f869b9de8484da8c4d1f2dac10bb7 (MD5) Previous issue date: 1965
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Company law in Zambia-its impact on members creditors and workers
… Company Law in Zambia : Its Impact on Members, Creditors and Workers. The dissertation is concerned mainly with company law in Zambia and attempts to examine the nature of this law especially as it affects the members, creditors and workers. It seeks to show that company law is archaic and has …
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A risk analysis system for evaluating construction contractors by potential creditors
… between UK construction materials suppliers (creditors) and contractors (potential debtors). Particularly, the work concentrates upon suppliers' decision to grant credit (or otherwise) and to what level such credit limits should be granted. A literature review highlighted the inadequacies of, …
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The losses suffered by creditors in bankruptcy in the UK and Germany
There has been much interest in finance theory in the question of how they cost of bankruptcy influences the firm's capital structure. Authors such as Modigliani and Miller (1956), Stiglitz (1969), Bulow and Shoven (1978), Titman (1984) and Barnea, Haugen and Senbet (1984) have provided much …
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Protecting the creditors of limited liability companies: a comparative view of the United States and China
… new ideas for the protection of the rights of creditors of limited liability companies in terms of strengthening the protection of their right to information and providing them with channels to participate in corporate governance. The limited liability company combines the shareholder-friendly …
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A Critical and Comparative Analysis on the Effect of Business Rescue on Creditors’ Rights against Sureties
… of chapter 6. In particular, the issue of creditors' rights against third party sureties of financially distressed companies continues to fall under the spotlight which, in tum, has caused a ripple of commercial uncertainty to filter through to creditors. This issue will be investigated …
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Advancing and protecting the interests of creditors and employees under the Companies Act 71 of 2008
… bring about this transformation. It focuses on creditors and employees as key corporate constituencies whose interests the board of directors have to constantly consider in making decisions. It argues that an expansive approach to corporate governance that includes other corporate …
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The appointment of a voluntary administrator by unsecured creditors : a case for the introduction of such a right
… of introducing the right to unsecured creditors and the possible social and economic consequences of including such a right into Part 5.3A of the Corporations Law. It is concluded that whilst the Voluntary Administration scheme continues to operate in the manner that it does, overall …
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Company law and the protection of creditors' interests: from capital maintenance to solvency and liquidity and beyond - a South African perspective
… the legislature's efforts to protect company creditors' interests via mechanisms designed to maintain the economic or capital base of a company. Historically this found expression in the capital maintenance rule but problems with this rule resulted in it being shelved in favour of a regime …
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Recent developments in South African company law in respect of offers of compromise and schemes of arrangement between a company and its creditors and/or members in terms of section 311 of the Companies Act no. 61 of 1973, as amended
… be forced to negotiate, with its members and/or creditors with a view to modifying rights or claims in their common interest. Such rights or claims against a company often vest in a large number of members or creditors with whom it would be impossible for a company to negotiate individually. …
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Kreditorių interesų gynyba įmonių bankroto procese pagal Lietuvos teismų praktiką /
Defence of Interests of Creditors in Company Bankruptcy Procedure under the Lithuanian Court Jurisprudence A growing number of bankruptcy proceedings shows not only economic condition of enterprises, but also creates the actual need to ensure as effective protection of the rights and interests of …
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An analysis of the justification of the stringent natural person insolvency law system in South Africa in light of the "advantage to creditors" requirement
… insolvency system in light of the “advantage to creditors” requirement. Jackson’s (The Logic and Limits of Bankruptcy Law (1986) 3) criteria of “what is being addressed” by the South African natural person insolvency law system, and why that which is being addressed, is a “proper concern” of the …
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A critical appraisal of the creditor protective mechanisms under the South African Companies Act 71 of 2008
… 71 of 2008 in order to protect the interests of creditors in company affairs. At the preamble of the aforementioned Act lies an undertaking from legislature to provide appropriate redress to investors and third parties/creditors. It was on that basis that the researcher sought to establish …
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The operation of transaction avoidance mechanisms in insolvency practice: a comparative study of Hong Kong and the United Kingdom
… effective the avoidance provisions in protecting creditors' rights operate in practice when a company is in winding up in Hong Kong and to see if Hong Kong may learn anything from the UK system or vice versa. Avoidance provisions have a long history as part of the insolvency laws of England and …
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Collateral Enforcement and the Secondary Market
… interest. In the first chapter, I examine how creditors respond to ex-post higher foreclosure costs. I find that when repossessing collateral becomes costly, creditors choose to sell their delinquent debt on the secondary market rather than renegotiate with borrowers. Only when repossession …
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Three Essays on Intra-Creditor Coordination Failures in Sovereign Debt Restructuring
… that the resulting harshest haircut for private creditors in history can be at least partially related to an assurance game played by creditors. It shows that incentive schemes provided by the Argentinean government were factors facilitating this haircut. The analysis suggests that, contrary to …
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