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Vol 21 No 10 Oct/Nov 2016

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Schemes of Arrangement: Law and Practice


ISBN13: 9780199665921
Published: November 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £175.00



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This new guide to schemes of arrangement draws together all of the elements of the law and practice concerning both creditor and member schemes. Member schemes of arrangement have become the preferred method of implementing takeovers in the UK. Creditor schemes of arrangement are increasingly used in restructuring matters and the trend in their usage in foreign companies is likely to continue as many credit documents across Europe are arranged and underwritten in London under English law.

The book considers the effect given to an English scheme in foreign jurisdictions, and other Private International Law issues. A major issue for those considering a scheme for creditors is whether a scheme or CVA (Company Voluntary Arrangement) is more appropriate and this book assists the reader by including an analysis of the pros and cons of schemes and CVAs. There are very few sources of information on schemes of arrangement and the area takes much of its substance from case law. This book, addressing the law and practical issues faced by practitioners on a day-to-day basis, is a first in the field.

Subjects:
Insolvency Law
Contents:
PART I - INTRODUCTION
1. An outline of the process and applicable legislation
2. What types of companies may propose a scheme?

PART II - CREDITOR SCHEMES
3. Types of creditor schemes
4. Creditor schemes in practice
5. Common grounds for challenging schemes
6. English tax considerations for schemes
7. Listed company considerations
8. Suggested reforms to the legislation

PART III - MEMBER SCHEMES
9. Types of member schemes
10. Takeovers by scheme of arrangement

PART IV - PRACTICE AND PROCEDURE
11. Practice and procedure - creditor schemes
12. Practice and procedure - member schemes