1. SOCIOS Y REESTRUCTURACIÓN.
- Author
-
García-Villarrubia Bernabé, Manuel
- Subjects
- *
LAW reform , *STOCKHOLDERS , *DEBTOR & creditor , *MERGERS & acquisitions , *BANKRUPTCY , *DEMERGERS , *BANKRUPTCY reform , *GOVERNMENT policy , *NEW Year's resolutions - Abstract
Shareholders and restructuring make a somewhat awkward pairing and yet this is one of the main features of the new Insolvency Law Reform. Of the various options in the Directive on preventive restructuring frameworks, the Spanish lawmaker has opted for a hybrid or intermediate system. Restructuring plans often include measures that the debtor's shareholders need to approse through a resolution. The most common is a debt-for-equity swap, but there are many others, including structural modifications such as mergers or demergers. In these cases, these measures continue to require shareholder approval, but some special features have be introduced to favour such approval. And, if necessary, even if the measures are not approved, the plan may still go ahead and be imposed on the shareholders (shareholder cram-up). The amendments have thus been quite significant. [ABSTRACT FROM AUTHOR]
- Published
- 2022