Current issues in european financial and insolvency law by Wolf-Georg Ringe, Louise Gullifer, Philippe Théry

By Wolf-Georg Ringe, Louise Gullifer, Philippe Théry

Contemporary case-law and laws in eu corporation and insolvency legislation have considerably furthered the combination of ecu enterprise law. particularly, the case-law of the eu courtroom of Justice and the advent of the ecu Insolvency legislation have supplied the stimulus for present reforms in quite a few jurisdictions within the fields of insolvency and fiscal legislation. the united kingdom, for example, has followed the firm Act in 2002, designed, inter alia, to reinforce firm and to reinforce the UK's method of financial ruin and company rescue. In an analogous vein, fresh reform in France has modernized French insolvency legislation and has even brought a device just like the profitable English 'company voluntary association' (CVA). This e-book presents a set of experiences by way of the various major English and French specialists this day, studying present views of insolvency and monetary legislation in Europe, either at the nationwide point in addition to at the eu point

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The relatively wide interpretation given by the courts in the 1980s and 1990s as to what constituted a fixed charge27 meant that it was possible to take a fixed charge over nearly all a company’s assets. 30 The effect of the various developments since 2001 may be to reinforce this view. It is now proposed to discuss these developments both in relation to the floating charge itself and to the insolvency procedures in which the floating chargee has hitherto played such a significant role. II. THE E NTERPRISE ACT 2002 This Act contained, inter alia, very important reforms in two areas: administrative receivership and administration; and the priority of preferential creditors over a floating chargee.

125 The detail of these controls will be in the Rules governing the operation of s 1282, which are still in the process of being drafted. 126 S 1282 introduces a new s 176ZA into the Insolvency Act 1986 which reads: (1) The expenses of winding up in England and Wales, so far as the assets of the company available for payment of general creditors are insufficient to meet them, have priority over any claims to property comprised in or subject to any floating charge created by the company and shall be paid out of any such property accordingly.

This had to be done through a reorganisation for which administration is appropriate. 46 In relation to the creation of a more level playing-field between creditors, it was felt that the insolvency officer should have more incentive to take account of the interests of all the creditors. The duties of an administrative receiver to the chargor, and the other creditors, are very limited. 48 41 42 Stevens, above n 38, 155. S Frisby, ‘Not Quite Warp Factor 2 Yet? The Enterprise Act and Corporate Insolvency’ (2007) 7 Journal of International Banking & Financial Law 398.

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