首页 >
法律 >
破产法 >
International Asset Tracing and Insolvency

International Asset Tracing and Insolvency

作者： Felicity Toube
出版商： Oxford University Press
ISBN: 9780199576234
出版时间 December 2009
规格： Hardback
适应领域： International ? 免责申明：
Countri(es) stated herein are used as reference only

该商品暂时已售完

或

描述
大纲
作者
评论

详细
- The only detailed work which focuses on asset tracing in insolvency
- Addresses the law of insolvency and asset tracing in six jurisdictions (England, USA, Jersey, Guernsey, BVI and Cayman Islands)
- Provides an asset tracing toolkit answering primary legal questions and considering various forensic approaches
- Includes a section analysing actual cases to provide practical guidance and illustration of points made
In the light of the market downturn and the inevitable discoveries of frauds and misfeasance, tracing assets has become important in all significant insolvencies. This is the first book to provide comprehensive coverage of the legal and practical forensic issues involved in asset tracing in insolvencies. Both corporate and personal insolvencies are covered in domestic and international cases.

The book considers domestic laws on insolvency and asset tracing from six jurisdictions (including England, USA, Guernsey, Jersey, BVI and Cayman) and provides a toolkit of key information for domestic and international tracing from these sources. In particular the information includes: definition of company property; what court orders are available; what questions can be asked; what information can be obtained; and how expenses are dealt with. In addition to consideration of domestic law, the work includes a discussion of revelant EC Regulation and UNCITRAL model laws.

There is a substantial section on forensic approaches which provides information on the practical aspects of asset tracing such as tools for obtaining information (corporate intelligence and forensic technology), developments adding to insolvency powers (quality and availability of open source information and internet footprint), and possible hindrances to the process (data protection legislation and the loss of records in electronic banking). The final section of the work includes examples of asset tracing from a number of actual cases covering both corporate and personal insolvency such as UK Aid (Gibb Duarf) and Diandor.

The team of authors includes forensic accountants, solicitors and barristers who are excellently qualified to provide the necessary mix of legal and practical content to cover all of the specialist elements of work in this field.

This book will be welcomed by a readership including international and domestic practitioners specialising in insolvency, fraud and financial law generally as it offers them a 'one stop' reference point for all issues relating to asset tracing in international insolvencies.

Readership: Solicitors and barristers working in insolvency, fraud and financial law, plus forensic accountants.
1: Felicity Toube, Jonathan Wheeler, Kevin Roberts: England and Wales
I. Insolvency Law in England and Wales
II. Asset Tracing in England and Wales
III. Criminal Powers
IV. International Enforcement and Assistance
2: Gary Lee, Erica Richards, Stacy Molison: USA
I. Asset Recovery Powers of Participants in the U.S. Bankruptcy Process
II. Other Discovery Mechanisms
III. Applicability of the Uniform Commercial Code in Bankruptcy to Tracing Proceeds
IV. Tracing Rules
3: Matthew Swan, Edward Mackereth, Oliver Passmore: Jersey
I. Introduction
II. Overview of Jersey Insolvency Regimes
III. Powers and Duties of Insolvency Office Holders
IV. Basic Tools for Domestic and International Asset Tracing in Insolvency
V. Court Orders Generally Available for Asset Tracing
VI. Jersey Law of Asset Tracing
4: Simon Davies, Nick Gamble, Matthew Newman: Guernsey
I. Introduction
II. Guernsey Insolvency Law
III. Guernsey Law of Asset Tracing
5: Robert Foote, Rachael McDonald: British Virgin Islands
I. Chapter Overview
II. Sources of BVI Law, the Legislative Framework and the Definition of Assets
III. BVI Insolvency Act Processes
IV. Orders in Aid of Foreign Proceedings under the Insolvency Act 2003
V. Processes and Procedures Under the BVI Business Companies Act 2004
VI. Disclosure of Documents, Evidence by Deposition and Letters of Request
VII. Interim Remedies and Piercing the Corporate Veil
VIII. Asset Tracing and the Proceeds of Crime
IX. The BVI law on asset tracing outside specific insolvency provisions
X. Enforcement of Foreign Judgments and Arbitration Awards
XI. Complaints to the BVI Financial Services Commission
XII. Conclusion
6: Christopher Russell, Rachael Reynolds, Shaun Folpp, William Jones: Cayman
I. Introduction
II. Cayman Island Legal System; Sources and Precedent
III. Cayman Islands Procedure
IV. Cayman Islands Company Law
V. Cayman Islands Corporate Insolvency Regime
VI. Actions in Insolvency Proceedings
VII. Foreign companies
VIII. Financial Restructuring/Schemes of Arrangement
IX. Recognition and enforcement of foreign judgments in the Cayman Courts
X. Personal Bankruptcy : Recognition of Foreign Trustee in Bankruptcy
XI. Cross Border Insolvencies
XII. Asset Tracing: Locating Assets: Identifying Ownership
XIII. Practicalities of Asset Tracing in the Cayman Islands
XIV. Recalculation of published Net Asset Values and Clawback
XV. Interlocutory Injunctions: Asset Freezing: Disclosure Orders
XVI. Conclusion
8: Jeremy Outen, Penny Cassell: Practical Approaches
I. Introduction
II. Tools of Investigation - Intelligence Gathering
III. Illustrative Case Studies
IV. Conclusion
Edited by Felicity Toube, Barrister, 3-4 South Square, London

Contributors:

Felicity Toube, Barrister, 3-4 South Square
Jonathan Wheeler, Partner, Morrison & Foerster
Kevin Roberts, Partner, Morrison & Foerster
Gary Lee, Partner, Morrison & Foerster
Erica Richards, Morrison & Foerster
Stacy Molison, Morrison & Foerster
Edward MacKereth, Solicitor, Ogier
Matthew Swan, Ogier
Oliver Passmore, Ogier
Simon Davies, Partner, Ogier
Nick Gamble, Partner, Ogier
Matthew Newman, Ogier
Robert Foote, Barrister
Rachael McDonald, Ogier
Christopher Russell, Senior Counsel, Ogier
Rachael Reynolds, Ogier
Shaun Folpp, Solicitor, Ogier
William Jones, Ogier
Jeremy Outen, Partner, KPMG
Penny Cassell, Senior Manager, KPMG
Steven Haynes, Director, KPMG
"This well-produced and authoritative book fills an important gap in the working library of the modern insolvency practitioner.. Each chapter is written by experts who have substantial first-hand experience of the system they describe, and the editorial coordination has been skilfully executed to ensure that the work is balanced and coherent. Strongly recommended." - Professor Ian Fletcher, Professor of International Commercial Law, University College London

"The sheer detail of the material and its accessibilty through a most useful index will make it a boon for all practitioners who find themselves faced with the byzantine structures, corporate verils, disappearing assets and people inherent in asset tracing" - Nick Hood, INSOL World

你可能需要


The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition): List Price: S$93.67

S$90.86 Save S$2.81 (3%)


Hong Kong Tax & Accounting Practical Toolkit (Basic Package): S$618.63


Hong Kong Company Secretary Checklist, 2nd Edition: List Price: S$234.60

S$227.56 Save S$7.04 (3%)


Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book): List Price: S$595.00

S$577.15 Save S$17.85 (3%)


Butterworths Hong Kong Discrimination Law Handbook, 4th Edition: List Price: S$255.00

S$247.35 Save S$7.65 (3%)


Sentencing in Hong Kong, 11th Edition: List Price: S$608.60

S$590.34 Save S$18.26 (3%)


Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition: List Price: S$387.60

S$375.97 Save S$11.63 (3%)


Butterworths Hong Kong Company Law Handbook, 26th Edition: List Price: S$748.00

S$725.56 Save S$22.44 (3%)


Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition: List Price: S$353.60

S$342.99 Save S$10.61 (3%)


Clough & Clough on Personal Injuries: List Price: S$255.00

S$247.35 Save S$7.65 (3%)


Hong Kong Personal Insolvency Manual, 3rd Edition: List Price: S$340.00

S$329.80 Save S$10.20 (3%)


Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition: List Price: S$306.00

S$296.82 Save S$9.18 (3%)


A Practical Guide to Resolving Shareholder Disputes, 2nd Edition: List Price: S$306.00

S$296.82 Save S$9.18 (3%)


Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook): List Price: S$425.00

S$412.25 Save S$12.75 (3%)


Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book): List Price: S$543.66

S$527.35 Save S$16.31 (3%)


Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book): List Price: S$483.31

S$468.81 Save S$14.50 (3%)


Hong Kong Company Law, 15th Edition: List Price: S$83.64

S$81.13 Save S$2.51 (3%)


Private Equity in Hong Kong and China, 4th Edition: List Price: S$340.00

S$329.80 Save S$10.20 (3%)


Brooke's Notary Hong Kong, 3rd Edition: List Price: S$289.00

S$280.33 Save S$8.67 (3%)


Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition: List Price: S$357.00

S$346.29 Save S$10.71 (3%)

“

Ordering from Professional Bookshop is fantastic, quick delivery great products, great customer service Siti L.
This is a great bookstore and have had no problems with them and all my orders have come on time and in good condition. Yang X.
Everything is perfect. Fast delivery. I highly recommend this website to all my friends and colleagues. Thanks Hoi Man L.
So thankful I am receiving all my books, thank you to all for a great service and excellent products Clinton K.
Professional Bookshop is amazing! I've been a loyal customer for over 5 years. Returns are easy to request, book or delivery complaints are taken seriously and the customer service team is friendly and patient. Mick D.
I wanted to informed you that the customer service is excellent. They were so polite and nice. I would continue to buy books from Professional Bookshop. Jingsong C.
Fast and quick service. Easy transaction method, arrived sooner than expected. Excellent packaging and the books received are in perfect condition! Thank you very much! I love the book and its quality. Saori B.
I can order any accounting books from worldwide from Professional Bookshop. Love this website and save my time to search from internet. Lingxiao R.
It is just so easy to find what you are always looking for and sometimes you can even find it up to 80% off what you would in the normal store. Graeme R.
I love shopping on Professional Bookshop! They have a wide range of accounting book with competent prices. Free shipping in Hong Kong is also really handy! Fergus Y.
Professional Bookshop is a great bookstore, I must say. Buying books in Professional Bookshop is so easy, great and reliable. It is highly recommendable. Deborah D.
A great site to shop accounting books and everything and with discountable prices. It’s my first choice whenever i want to shop something. Most trusted site. Zeng Z.
I found the books I needed and at a very low price. I am very happy and will definitely use it in the future Brian W.
I have been using Professional Bookshop for a while now. I am very impressed with customer service and delivery. When I need to have a return it is done very diligently. Olivia L.
Professional Bookshop is my default go to for finding the best prices and reading details of law books before buying. Detailed book description is very helpful. Tracy W.
I've been using Professional Bookshop since 2011 and they actually great, I always received great service and my book arrives on time. Lisa C.

所有书籍

International Asset Tracing and Insolvency

该商品暂时已售完

详细

你可能需要

What Our Customers Say?

所有书籍

International Asset Tracing and Insolvency

该商品暂时已售完

详细

你可能需要

What Our Customers Say?

video title