A comparative analysis of Anglo-Australian pre-packs : can the means be made to justify the ends?
Data(s) |
26/09/2012
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Resumo |
Pre-packaged administrations have been prevalent in the UK for years. However, Australia's voluntary administration regime has been more restrictive of the practice. This article analyses the evolution of UK pre-packs, why they are not prevalent in Australia and the challenges for UK and Australian lawmakers in striking the right balance with pre-packs in their respective administration regimes. The article proposes a mechanism that might make ‘connected-party’ pre-pack business sales work more fairly for stakeholders — that is, by obligating a connected-party purchaser to make a future-income contribution in favour of the insolvent company whose business has been ‘rescued’ by a pre-packaged sale in administration. |
Formato |
application/pdf |
Identificador | |
Publicador |
John Wiley & Sons |
Relação |
http://eprints.qut.edu.au/54250/2/54250.pdf DOI:10.1002/iir.1201 Wellard, Mark Norman & Walton, Peter (2012) A comparative analysis of Anglo-Australian pre-packs : can the means be made to justify the ends? International Insolvency Review. |
Direitos |
Copyright 2012 INSOL International and John Wiley & Sons, Ltd |
Fonte |
Faculty of Law; School of Law |
Palavras-Chave | #180109 Corporations and Associations Law #pre-pack #pre-packaged administration #insolvency practitioners #independence #business sale #phoenix #income contribution |
Tipo |
Journal Article |