Jump to ContentJump to Main Navigation
Insolvency within Multinational Enterprise Groups$
Users without a subscription are not able to see the full content.

Irit Mevorach

Print publication date: 2009

Print ISBN-13: 9780199544721

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199544721.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 February 2020

Preservation of the Estate, Maximization of Value, and Facilitation of Rescues

Preservation of the Estate, Maximization of Value, and Facilitation of Rescues

Chapter:
(p.151) 6 Preservation of the Estate, Maximization of Value, and Facilitation of Rescues
Source:
Insolvency within Multinational Enterprise Groups
Author(s):

Irit Mevorach

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199544721.003.0007

This chapter focuses on the administration of MEG insolvencies and examines ‘linking tools’ which could enhance preservation of the estate, wealth maximization and rescues. It asks to what extent and in which circumstances a global unified approach should be applied. Measures such as procedural consolidation, cooperation, and coordination and substantive consolidation (on a global level) are examined in light of the goal of wealth maximization, considering to what extent they might defeat the benefits of entity law and concerns of territorialism. The chapter suggests that a global unified approach is desired for cases of ‘business integrated’ insolvent MEGs. Stronger ‘linking’ measures in the course of insolvency are proposed for centralized integrated MEGs where the entire process may be centralized and conducted in the group ‘home country’. Greater intervention with entity law by way of applying global substantive consolidation is suggested for ‘asset integrated’ insolvent MEGs.

Keywords:   wealth maximization, procedural consolidation, cooperation and coordination, substantive consolidation, home country

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .