Year: 2008
Type: article
Abstract: Identifying the ‘home country’ for the multinational enterprise group’s insolvency proceedings can be crucial for allowing an effective insolvency process for relatedentities. However, this is a challenging task given the diversity of group structures and insolvency scenarios. This article attempts to deal with this issue by applyingalternatives of ‘insolvency venues’ to the group case and confronting them with key insolvency goals, to assess which standard venue could most effectively enhance cost efficiency, predictability and transparency of the rules (regarding jurisdiction), control forum shopping and accord with creditors’ legitimate expectations. The paper suggeststhat operational headquarters is in principle the most efficacious test for multinational groups, yet it also points out its limitations.
Author: Irit Mevorach
Language: English
Subfield: Accounting
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2101661981