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Vol 22 No 3 March/April 2017

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Simon Mortimore
Price: £225.00

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Schemes of Arrangement in Corporate Restructuring

ISBN13: 9780414026766
New Edition ISBN: 9780414056954
Published: December 2013
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback (157 Pages)
Price: £217.00

Low stock.

With schemes of arrangement now the favoured tool in complex cross-border corporate restructuring, this new work provides in-depth guidance on the legal principles, formal procedures and practical questions facing practitioners.

It is a specifically practical text featuring extensive precedent material and detailed case studies of schemes in operation.

  • Explains the different types of scheme available, including 'pre-pack' schemes, assessing their comparative advantages and disadvantages
  • Explores the underlying legal principles, including 'timing' and 'compromise'
  • Sets out a 'three-stage' guide to schemes, from first court-hearing through to the 'sanction hearing'
  • Goes through each stage of the scheme process in detail
  • Features extensive precedents, including examples of schemes, letters, claim forms, statements, court orders, proxies and expert opinions, and hearing materials
  • Illustrates the issues covered by reference to detailed UK, US and European case studies compiled from the author's experience
  • Deals with the complex cross-border and jurisdictional issues facing practitioners
  • Discusses how to get multi-national schemes recognised
  • Looks at the involvement of COMI in the recognition process
  • Examines bondholder issues
  • Looks at common issues with schemes including competition, pensions, regulation, accounting, confidentiality and voidability
  • Provides a comparative analysis with other procedures including CVAs and Administrations

Insolvency Law, Company Law
1. Introduction
2. History, Development Advantage and Types of Scheme
3. Fundamental Principles, Key Considerations and Process
4. Jurisdiction
5. Class Issues
6. Scheme Creditor Meetings
7. Bondholder Voting Issues
8. The Sanction Hearing and Valuation Issues
9. Third Party Releases
10. Recognition Issues.