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The 11.101/05 Law, when dealing with the bankruptcy of commercial companies, as basic postulates invokes the principles of universality and indivisibility of the bankruptcy court, beyond the principle of par conditio creditorum. However, the Labour Court, disregarding the purpose of the Bankruptcy Law, and in flagrant violation of the mentioned principles, insists on proceeding with the executions of the labor processes proposed against the bankrupt company, surpassing the limits of their competence, thus so completely arbitrary, piercing the corporate veil in order to reach the personal patrimony of the shareholders of the company. This practice may prejudice the bankruptcy, since, if ascertained the liability of bankrupt partners, they will no longer have patrimony to be raised by the bankruptcy, because all of its property have been realized in favor only of labor creditors, thus offending the equality that all the creditors must be treated., A lei 11.101/05, ao tratar da falência das sociedades empresárias, invoca como postulados básicos os princípios da universalidade e indivisibilidade do juízo falimentar, além do princípio da par conditio creditorum. Ocorre que a Justiça do Trabalho, desrespeitando o propósito da Lei Falimentar, e em flagrante violação aos princípios mencionados, insiste em prosseguir com as execuções das ações trabalhistas propostas contra a sociedade empresária falida, ultrapassando os limites de sua competência, portanto, de forma completamente arbitrária, promovendo a desconsideração da personalidade jurídica de forma a atingir o patrimônio pessoal dos sócios da falida. Tal expediente pode causar prejuízos à massa falida, uma vez que, caso apurada a responsabilidade dos sócios falidos, estes já não mais terão patrimônio a ser arrecadado pela massa falida, ou seja, todo o seu patrimônio já terá sido excutido em prol unicamente dos credores trabalhistas, ofendendo, assim, a paridade com que devem ser tratados os credores

Doing Business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 11 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and labor market regulation. Doing Business 2016 presents the data for the labor market regulation indicators in an annex. The report does not present rankings of economies on labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business. This regional profile presents the Doing Business indicators for economies in European Union (EU). It also shows the regional average, the best performance globally for each indicator and data for the following comparator regions: East Asia and the Pacific (EAP), Europe and Central Asia (ECA), Middle East and North Africa (MENA), Latin America and OECD High Income.. The data in this report are current as of June 1, 2015 (except for the paying taxes indicators, which cover the period January–December 2014).

Doing Business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 11 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and labor market regulation. Doing Business 2016 presents the data for the labor market regulation indicators in an annex. The report does not present rankings of economies on labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business. This regional profile presents the Doing Business indicators for economies in Europe and Central Asia (ECA). It also shows the regional average, the best performance globally for each indicator and data for the following comparator regions: European Union (EU), Latin America, East Asia and the Pacific (EAP), Middle East and North Africa (MENA) and OECD High Income.. The data in this report are current as of June 1, 2015 (except for the paying taxes indicators, which cover the period January–December 2014).

倒産は様々な法律問題を惹起し、多くの人々に影響を与える。倒産処理のゴールである清算・再生へと至るには、債権の存否や否認権などの個別的な関連紛争の解決も実現しなければならない。Vis attractiva concursusとは、倒産裁判所が関連紛争について裁判管轄権を有するところであり、わが国の倒産法もこの原則を採用しているが、独特の形になっている。その現在状況を分析し、問題点を明らかにし改善のための提言を導く。, This article focuses on "Vis attractiva concursus" principle. Bankrupt Procedure causes many civil proceedings which related to avoidance, Bankruptcy claims, and Officer's Liability. Their proceedings shall be subject to the Bankruptcy Court. This is "Vis attractiva concursus" in Japan. I examine how to advance better performance of this principle., Article

Doing business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 10 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency. In a series of annual reports doing business presents quantitative indicators on business regulations and the protection of property rights that can be compared across 183 economies, from Afghanistan to Zimbabwe, over time. This regional profile presents the doing business indicators for Latin America. To allow useful comparison, it also provides data for other selected economies (comparator economies) for each indicator. The data in this report are current as of June 1, 2011 (except for the paying taxes indicators, which cover the period January-December 2010).

Bank loans can become non-performing because of problems with the borrower s financial health, problems with the design or implementation of lender protection features, or both. In ascertaining how to deal with a problem loan, it is important to distinguish between a borrower s ability to pay and willingness to pay, Making this distinction is not always easy and requires effort. This manual was written as a guide for lending institution staff dealing with non-performing loans (NPLs) extended to corporations and small and medium enterprises (SMEs). It deals with both ad hoc and systemic financial distress and delves into how borrower problems may have arisen in the first place. It provides guidance to lending institutions staff responsible for handling individual problem loans and to senior managers responsible for organizing portfolio-wide asset resolution.

Repo markets are an essential component of liquid Government debt markets, acting as a transmission belt between money and debt markets, as well as serving to conduct key functions for the efficient operation of debt markets. These include, among others, credit risk management, funding debt portfolios, playing the yield curve, and covering short positions and settlement fails. The hybrid nature of a repo between a collateralized loan and a full transfer of ownership makes it a very versatile instrument for a broad range of market participants with very different business models. However, this is at the same time the reason for its complexity. This note addresses the legal, structural, accounting, tax, regulatory and infrastructure factors that are decisive for repo market development. The legal and infrastructure factors that underpin repo markets functionality are evolving ones and may be different depending on the country. The perspective adopted in this note intends to provide a balanced account of both the conceptual issues in each topic and relevant country cases, with the objective of providing policy makers with analytical tools to address their country specific context.

The Serbian insurance sector remains small and underdeveloped. Over the last three years, the market experienced very little growth in real terms mainly due to weak economic growth, premium payment difficulties in the industrial sector, which forced many corporate policyholders to cancel their insurance, and fierce price competition among the growing number of players. With consumption of 76 Pounds and 10 Pounds per capita for non-life and life insurance, respectively, Serbia lags behind most of its neighbors in Southeastern and Central Europe. In 2009 the industry accounted for only 4.6 percent of total assets and 5.6 percent of total capital in the Serbian financial sector. Although in 2008 the total gross premium written (GPW) for both life and non-life was SRD 52.2 billion (dinars), representing a 5.3 percent annual inflation-adjusted increase over the previous year, in 2009 the sector is likely to experience an 8 percent contraction due to the impact of the economic crisis.

The bachelor thesis deals with the impact of the crisis on SMEs, with emphasis on the reorganization according to the new insolvency law in force from 1.1.2008, which amends Act No. 182/2006 Coll. They also described the advantages and disadvantages of the law on bankruptcy and its solutions and their comparison with the amendment. In the theoretical part there are evaluated possible ways of resolving insolvent companies, with emphasis on the reorganization, the causes of the crisis and future prospects. The practical part describes Kordárna crisis situation, and that was early 2009, depending on the global economic crisis, major financial difficulties and Kordárna was forced to file for insolvency. This bankruptcy proceeding was successfully completed and reorganization was approved in March 2010. Reorganization is one way of dealing with bankruptcy reorganization, which allows reorganize the company while maintaining its operation. The aim of this work is to evaluate the current economic situation in the market and the possibility of an emergency from the viewpoint of firms. I would like to make prediction for future economic development of the Czech Republic.

This Article contends that bankruptcy courts had no power to order the Internal Revenue Service (IRS) to allocate funds to trust fund taxes or non-trust fund taxes by granting designation orders ex post facto. It argues that Deer Park was wrong not just in extending the Energy Resources rule to a Chapter 11 bankruptcy liquidation case, but also by doing so ex post facto. It is suggested that the Energy Resources rule is properly applied only when the designation order is proposed before a Chapter 11 plan is approved or before the plan has been completed. This Article also suggests that Deer Park illustrates the limits and the weakness of Energy Resources rule which gives bankruptcy courts the discretion to allow or disallow proposed designations of tax payments to trust fund taxes or non-trust fund taxes. Designation orders of tax payments should not be allowed ex post facto or in liquidation plans, but should be restricted to true rehabilitation plans where the designation order is requested before the plan has failed, and the designation order of tax funds should apply only to future plan payments.