The Meaning of Insolvency

2017 ◽  
Author(s):  
Hamish Anderson
Keyword(s):  
Cash Flow ◽  
Balance Sheet ◽  
Financial Difficulty ◽  
Central Concept ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
Insolvency Proceedings ◽  
A Company

Insolvency proceedings relate to insolvent companies. Insolvency is therefore a central concept and the law requires a test of insolvency which can be used to determine whether a company is amenable to such proceedings and to regulate the availability of certain other rights and remedies concerning transaction avoidance which apply to protect the integrity of an estate which is the subject of insolvency proceedings. It is a curiosity of the Act that despite its title it provides no definition of ‘insolvency’ for these purposes but refers instead to ‘inability to pay debts’. The advantage of this looser terminology is that it embraces both cash-flow (or ‘commercial’) and balance sheet measures of a company’s financial difficulty.

Does the Name of a Case Matter?

2021 ◽  
Vol 20 (3) ◽  
pp. 469-489
Author(s):  
Haris Jamil
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Fishing Vessel ◽  
International Commerce ◽  
Arbitral Award ◽  
The Subject ◽  
The Law ◽  
A Company

Abstract The arbitral award in The “Enrica Lexie” Incident (Italy v. India) brings to the fore the issue of assigning a name to a case. To contextualise India’s contention regarding the name, The “Enrica Lexie” Incident, in this article, I outline the law and practice regarding assigning names to cases by different international judicial bodies (ICJ, ITLOS, WTO and PCA). Examining India’s objection to the name, I argue that the name of the case does not capture the subject matter of the dispute accurately and emanates from the mainstream view of international law. The name prioritises an Italian flagged vessel, owned by a company engaged in international commerce and navigating under the protection of the Italian navy, over a fishing vessel owned by private individuals. The name reinforces a state-centric view of international law in which the victims of the incident do not picture.

25. Company insolvency proceedings

2019 ◽  
pp. 251-270
Author(s):  
J. Scott Slorach ◽  
Jason Ellis
Keyword(s):  
Financial Difficulties ◽  
The Law ◽  
Insolvency Proceedings ◽  
A Company ◽  
Company Insolvency

This chapter deals with the procedures available when a company is insolvent or facing financial difficulties. It also considers the ways in which insolvent partnerships can be subject to the same procedures as companies. The law relating to these matters is principally contained in the Insolvency Act 1986 (IA 1986) together with the Insolvency Rules 1986, as amended by the Insolvency Act 2000 and the Enterprise Act 2002. The insolvency legislation provides four procedures for companies in financial difficulties: administration, voluntary arrangement, receivership, and liquidation.

The Modern Law of Evidence

2018 ◽  
Author(s):  
Adrian Keane ◽  
Paul McKeown
Keyword(s):  
Comprehensive Analysis ◽  
Standard Of Proof ◽  
Academic Literature ◽  
Logical Sequence ◽  
Recent Developments ◽  
Key Issues ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
Law Of Evidence

The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight and discretion, including the discretion to exclude evidence obtained by illegal or unfair means. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, documentary and real evidence, identification evidence, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege, judgments as evidence of facts on which they were based, and the proof of facts without evidence.

25. Company insolvency proceedings

2018 ◽  
Author(s):  
J. Scott Slorach ◽  
Jason Ellis
Keyword(s):  
Financial Difficulties ◽  
The Law ◽  
Insolvency Proceedings ◽  
A Company ◽  
Company Insolvency

This chapter deals with the procedures available when a company is insolvent or facing financial difficulties. It also considers the ways in which insolvent partnerships can be subject to the same procedures as companies. The law relating to these matters is principally contained in the Insolvency Act 1986 (IA 1986) together with the Insolvency Rules 1986, as amended by the Insolvency Act 2000 and the Enterprise Act 2002. The insolvency legislation provides four procedures for companies in financial difficulties: administration, voluntary arrangement, receivership, and liquidation.

scholarly journals DEFINITION OF THE CHARACTERISTIC SIGNS OF THE CONFLICT OF COMPLEX CIRCUMSTANCES

Social Law ◽  
2019 ◽  
pp. 201-207
Author(s):  
V. Rudyak
Keyword(s):  
Social Services ◽  
State Power ◽  
Psychological State ◽  
Life Situation ◽  
The Subject ◽  
Key Features ◽  
Life Circumstances ◽  
The Law ◽  
Definition Of

The article identifies the signs of difficult life circumstances that are enshrined in the Law ofUkraine "On Social Services" and analyzes the scientific positions of scientists on the subject under study.Within the division, the author provided and analyzed his own list of key features that characterizedifficult life circumstances. It is pointed out that the key feature of such life circumstances is theimpossibility of overcoming them by a person on their own, but only by the intervention of another personor authorized bodies of state power. The influence of the psychological state of a person, his emotionalwell-being in characterizing the life situation as difficult, and the importance of complex consideration ofobjective and subjective circumstances, which can characterize the life situation as difficult, are studiedseparately

25. Company insolvency proceedings

2017 ◽  
Author(s):  
J. Scott Slorach ◽  
Jason Ellis
Keyword(s):  
Financial Difficulties ◽  
The Law ◽  
Insolvency Proceedings ◽  
A Company ◽  
Company Insolvency

This chapter deals with the procedures available when a company is insolvent or facing financial difficulties. It also considers the ways in which insolvent partnerships can be subject to the same procedures as companies. The law relating to these matters is principally contained in the Insolvency Act 1986 (IA 1986) together with the Insolvency Rules 1986, as amended by the Insolvency Act 2000 and the Enterprise Act 2002. The insolvency legislation provides four procedures for companies in financial difficulties: administration, voluntary arrangement, receivership, and liquidation.

25. Company insolvency proceedings

Business Law ◽  
2021 ◽  
pp. 249-270
Author(s):  
J. Scott Slorach ◽  
Jason Ellis
Keyword(s):  
Financial Difficulties ◽  
The Law ◽  
Insolvency Proceedings ◽  
A Company ◽  
Company Insolvency

This chapter deals with the procedures available when a company is insolvent or facing financial difficulties. It also considers the ways in which insolvent partnerships can be subject to the same procedures as companies. The law relating to these matters is principally contained in the Insolvency Act 1986 together with the Insolvency Rules 1986, as amended by the Insolvency Act 2000 and the Enterprise Act 2002. The insolvency legislation provides four procedures for companies in financial difficulties: administration, voluntary arrangement, receivership, and liquidation.

Application of competition law and the law relating to unfair competition

2018 ◽  
Author(s):  
Winfried Tilmann
Keyword(s):  
Competitive Advantage ◽  
Subject Matter ◽  
Patent Protection ◽  
Competition Law ◽  
General Rule ◽  
Unfair Competition ◽  
Dominant Position ◽  
The Subject ◽  
The Law ◽  
A Company

The acquisition of an EPUE may be impermissible under competition law only in special exceptional cases. This conceivably might hold true where a recognizable strategy of obstruction (Art 102 TFEU) is pursued by a company holding a dominant position with the aim of walling in competitors, without such patent proprietor having any intention of using the subject matter of patent protection himself. Also conceivably falling under the heading of inadmissible obstruction is the acquisition of a large number of patents by which the acquiring entity pursues the aim not of exploiting them but instead of using such acquisition to its own competitive advantage. The acquisition of such IP rights used merely for blockading purposes may qualify as part of the aforementioned strategy of obstruction and as such violate Art 102 TFEU. This may make it impermissible to invoke the patent: the competitor affected can raise the objection of abuse of a dominant position, which the UPC is in the position to consider (Art 32(1)(a) UPCA). As a general rule, such violation does not give rise to an obligation of cancellation because, if held by others actually using it themselves, it may turn out that the patent is no longer ‘flawed’.

Effectiveness of Book Closing Using Web Based Accounting Online System 2.0 to Know the Company's Financial Ratios

2017 ◽  
Vol 1 (1) ◽  
pp. 56-60
Author(s):  
Euis Sitinur Aisyah ◽  
Maimunah Maimunah ◽  
Aris Martono
Keyword(s):  
Cash Flow ◽  
Balance Sheet ◽  
Financial Statements ◽  
Relevant Information ◽  
Financial Ratios ◽  
Web Based ◽  
Online System ◽  
Income Statement ◽  
Long Time ◽  
A Company

Financial ratios are very important in a company, because it is the most effective way to find out financial data on a company by comparing the current financial statements of the company with the previous one. To facilitate this comparison, book closure can be done. Closing the book itself is useful to determine the company's financial position before closing, by looking at the final results of the profit and loss. It is known that the process of closing the book takes a long time with extra precision. However, this has become easier by using WBAOS (Web Based Accounting Online System) 2.0, because companies are more flexible in preparing financial statements, starting from the lane balance sheet, income statement, to the periodic cash flow, where this cash flow provides relevant information regarding cash in and out of the company.   Keywords: ​WBAOS, Financial Ratios and Book Closure.

25. Company insolvency proceedings

2020 ◽  
pp. 249-268
Author(s):  
J. Scott Slorach ◽  
Jason Ellis
Keyword(s):  
Financial Difficulties ◽  
The Law ◽  
Insolvency Proceedings ◽  
A Company ◽  
Company Insolvency

This chapter deals with the procedures available when a company is insolvent or facing financial difficulties. It also considers the ways in which insolvent partnerships can be subject to the same procedures as companies. The law relating to these matters is principally contained in the Insolvency Act 1986 together with the Insolvency Rules 1986, as amended by the Insolvency Act 2000 and the Enterprise Act 2002. The insolvency legislation provides four procedures for companies in financial difficulties: administration, voluntary arrangement, receivership, and liquidation.

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