Search results
1 – 10 of over 23000Considers the three main forms of winding‐up leading to thedissolution of a company: members′ voluntary winding‐up, creditors′voluntary winding up and compulsory winding up…
Abstract
Considers the three main forms of winding‐up leading to the dissolution of a company: members′ voluntary winding‐up, creditors′ voluntary winding up and compulsory winding up. Outlines liquidation procedures involved in these forms of winding‐up under the Insolvency Act 1986, including creditor′s petition, court hearing, collection and distribution of assets, liquidator′s duty to investigate and the final act of dissolving the company.
Details
Keywords
Gillian G.H. Garcia, Rosa M. Lastra and María J. Nieto
The purpose of this paper is to examine the complexities of reorganizing and/or liquidating troubled banks under the European Union's (EU) current institutional framework as it is…
Abstract
Purpose
The purpose of this paper is to examine the complexities of reorganizing and/or liquidating troubled banks under the European Union's (EU) current institutional framework as it is defined by its directives and by national supervisory, remedial, and insolvency practices.
Design/methodology/approach
The paper compares provisions of different EU directives that impact financial institutions and summarizes national remedial practices.
Findings
The paper documents the diversity that currently exists among national supervisory, remedial and failure resolution practices for banks. It also assesses the economic efficiency of the institutional framework for resolving problem banks that is defined by the Reorganization and Winding‐up Directive and identifies components of the directive that can hamper efficient cross‐border resolutions.
Research limitations/implications
There is a deficiency in publicly available information on EU member countries' practices for disciplining and resolving troubled banks.
Practical implications
The paper assesses issues/conditions that can hamper efficient cross‐border resolutions – issues on which policymakers should focus when they reform the current framework. It also explores areas of coordination with other EU directives that deal with financial crisis management that are relevant in the current financial crisis.
Originality/value
The paper makes policy recommendations for reforming the EU's current institutional framework for resolving troubled banks.
Details
Keywords
The Asian financial turmoil has resulted in widespread corporate difficulties and collapses in the Asia‐Pacific region. There is an urgent need of corporate recovery and…
Abstract
The Asian financial turmoil has resulted in widespread corporate difficulties and collapses in the Asia‐Pacific region. There is an urgent need of corporate recovery and insolvency administration in the area. This paper aims at reviewing and analysing the insolvency law and practices in the Chinese mainland and Hong Kong of the People’s Republic of China (PRC). Foreign investors should possess the above knowledge in order to better protect themselves with their investments in the PRC. It is also envisaged that with improvement in corporate recovery procedures and reforms in insolvency administration, the PRC can pursue its economic performance further in the twenty‐first century with its accession to the World Trade Organisation.
Details
Keywords
The purpose of this monograph is to examine the various ways in which the contract of employment may be terminated at common law other than by the common law of wrongful dismissal…
Abstract
The purpose of this monograph is to examine the various ways in which the contract of employment may be terminated at common law other than by the common law of wrongful dismissal or statutory unfair dismissal and redundancy. Wrongful dismissal has already been discussed in another monograph and unfair dismissal and redundancy will feature in a subsequent one.
The applicants in this case were the liquidators of Branston & Gothard Ltd. Branston & Gothard Ltd (Branston & Gothard) were stockbrokers authorised to conduct investment…
Abstract
The applicants in this case were the liquidators of Branston & Gothard Ltd. Branston & Gothard Ltd (Branston & Gothard) were stockbrokers authorised to conduct investment business under the Financial Services Act 1986 by virtue of their membership of the Securities and Futures Authority (SFA). Their main business consisted of portfolio investment management business on behalf of clients (this business being divided into discretionary, advisory and execution only business) and provision of single company and general PEPs. During the 1990s Branston & Gothard had contracted out its back office administrative functions to Carr Shepphards Ltd. who, as unsecured trade creditors of Branston & Gothard, were second respondents in this application. Unfortunately, Branston & Gothard began making losses in 1997 which led to SFA having concerns as to the firm's capital adequacy, reconciliation work as to verification of securities held and resolution of inquiries. In light of these concerns SFA served an intervention order on 2nd April, 1998 pursuant to rr 7–12 to 7–19 SFA Rules which ordered Branston & Gothard to:
The Minister of Social Security, in conjunction with the Treasury and in exercise of powers conferred by section 3 of and Schedule 3 to the Family Allowances and National…
Abstract
The Minister of Social Security, in conjunction with the Treasury and in exercise of powers conferred by section 3 of and Schedule 3 to the Family Allowances and National Insurance Act 1968 and of all other powers enabling her in that behalf, in consequence of the passing of that Act hereby makes the following regulations :—
Madhvi Sethi and Dipali Krishnakumar
Non-performing assets (NPAs) have been a cause of concern for the banking sector across the world and have invited a lot research interest, especially for emerging economies. In…
Abstract
Purpose
Non-performing assets (NPAs) have been a cause of concern for the banking sector across the world and have invited a lot research interest, especially for emerging economies. In India, the NPAs grew many folds and reached alarming levels in 2013. The available mechanisms, such as Corporate Debt Restructuring Scheme, were not adequate to address this issue. The Central Reserve Bank of India with the Government of India introduced various guidelines, schemes and regulations like framework for revitalizing distressed assets to tackle NPAs during the period 2013-2017. Taking the case of India, the purpose of this paper is to examine policy initiatives and analyse the impact of regulatory shocks on the equity market returns and the systematic risk of individual banking stocks using an extended version of the market model.
Design/methodology/approach
In this study, the authors design the experiment to explore the reaction of banking stocks to the various regulatory measures and also measure the change in systematic risk for these stocks as a result of the regulatory changes. Following the approach suggested by Soraokina and Thornton (2015), the authors use the extended market model to test the reaction of banking company stocks to the regulatory measures.
Findings
The study finds that banking stocks did not earn significant abnormal returns on the announcement of these measures. However, the systematic risk of the banking index reduced significantly on the introduction of regulatory measures, and this risk reduction has been primarily in the stocks of private sector banks.
Research limitations/implications
This paper provides insights on the equity market's short-term reaction to the reform initiatives introduced by the government. The scope of the paper is with respect to one emerging economy, India, which underwent a series of regulatory reforms to tackle the banking NPA problem.
Originality/value
The paper fills an important research gap where the impact of schemes and regulations is captured for an emerging economy like India. It tries to bring forth the importance of these reforms and how an investor perceives the same. This paper tests for changes in systematic risk as measured by market beta as well as measures cumulative abnormal returns associated with important events in the process of regulatory reforms happening in India from 2013 to 2017.
Details
Keywords
Maria Landqvist and Frida Lind
Taking the perspective of a start-up company, the purpose of this paper is to analyse resource renewal in heavy business networks.
Abstract
Purpose
Taking the perspective of a start-up company, the purpose of this paper is to analyse resource renewal in heavy business networks.
Design/methodology/approach
The theoretical framework is based on the Industrial Network Approach and, especially, the resource interaction framework, business network settings and studies of starting up in business networks. The basis for the paper is a case study of a start-up in the Swedish wind energy context.
Findings
Resource renewal in this case means replacing one resource, having implications for the resource interfaces in the three business network settings.
Research limitations/implications
The paper contributes to the area of studies of starting up in business networks by identifying a distinct form of resource renewal in heavy business networks enabled by development of resource interfaces in three business network settings.
Practical implications
Managers in start-ups as well as established firms need to interact to create and develop the resource interfaces that are needed to achieve resource renewal. Resource renewal not only is in the hands of start-ups but also requires interactive resource development with various collaboration partners.
Originality/value
This study takes a start-up’s perspective to resource renewal of heavy business networks and analyses heaviness based on resource interfaces in three business network settings.
Details
Keywords
Man has been seeking an ideal existence for a very long time. In this existence, justice, love, and peace are no longer words, but actual experiences. How ever, with the American…
Abstract
Man has been seeking an ideal existence for a very long time. In this existence, justice, love, and peace are no longer words, but actual experiences. How ever, with the American preemptive invasion and occupation of Afghanistan and Iraq and the subsequent prisoner abuse, such an existence seems to be farther and farther away from reality. The purpose of this work is to stop this dangerous trend by promoting justice, love, and peace through a change of the paradigm that is inconsistent with justice, love, and peace. The strong paradigm that created the strong nation like the U.S. and the strong man like George W. Bush have been the culprit, rather than the contributor, of the above three universal ideals. Thus, rather than justice, love, and peace, the strong paradigm resulted in in justice, hatred, and violence. In order to remove these three and related evils, what the world needs in the beginning of the third millenium is the weak paradigm. Through the acceptance of the latter paradigm, the golden mean or middle paradigm can be formulated, which is a synergy of the weak and the strong paradigm. In order to understand properly the meaning of these paradigms, however, some digression appears necessary.
Details