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How Hard Is Soft Eu Company Law?, Raluca Papadima
How Hard Is Soft Eu Company Law?, Raluca Papadima
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This article analyzes the soft law applicable to companies within the European Union (EU) in order to extract tendencies, including by comparing US and EU soft law instruments. It concludes that soft law is like wine: many enjoy it, and it gets better as it ages. Soft law is a very popular and successful girl nowadays, for legitimate reasons, but one that brings about a series of concerns as well. After an overview of the main soft law instruments related to corporate governance and financial markets, and their sources, this article extracts a number of trends.
Differential Treatment Among Creditors Under India's Insolvency And Bankruptcy Code, 2016: Issues And Solutions, C. Scott Pryor, Risham Garg
Differential Treatment Among Creditors Under India's Insolvency And Bankruptcy Code, 2016: Issues And Solutions, C. Scott Pryor, Risham Garg
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This paper represents the results of an examination of the implementation of India's Insolvency and Bankruptcy Code, 2016 (IBC). This project included purposive sampling as well as interviews with resolution professionals, representatives of India's Insolvency Professional Agencies, and officials of the Insolvency and Bankruptcy Board of India. Analysis of this data identified three problems: 1. Vesting near-plenary control of the Corporate Resolution Insolvency Process (CIRP) with a Committee of Creditors made up of financial creditors has led to a perception of inequitable distributions between the classes of creditors. 2. The CIRP provisions of the IBC are inconsistent with public policy …