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The aim of the article is to identify problematic issues of valuation of property (assets) of banks that are in the process of liquidation, and substantiate proposals for the desired solution, taking into account the need to protect the rights of bank creditors. Although the bankruptcy of banks causes significant economic and moral losses, the processes of removing insolvent banks from the market, their reorganization or liquidation are constantly taking place. Therefore, regulators and banks that have been declared insolvent face many questions, including the adequate valuation of banking assets and the determination of the liquidation estate. The article discusses approaches to asset valuation and features of their application in Ukrainian practice, as well as peculiarities of the sale of assets of banks in liquidation according to the Dutch auction model. It is noted that the imperfection of management of banks’ assets in the process of their functioning leads to discrepancies in the valuation of these low-quality assets in the liquidation procedure. It is determined that the ratio between the estimated value of assets and their book value for banks declared insolvent is on average 26.2 %, and the median value is 22.3 % This leads to a number of problems, including the inability of the Deposit Guarantee Fund (DGF) to ensure the repayment of part of the bank’s liabilities, which could be repaid in case of timely acceptance of tender offers at market value. It is noted that the most liquid assets, which are real estate and property, occupy an insignificant share in the structure of the liquidation mass – about 5 %, and the conversion rate in the sale of real estate quite often reaches 200 %. It is proposed, in accordance with European practice, to empower the Fund to monitor the assets of banks in the process of their functioning. The expediency of valuating assets not from the position of doing business «as usual» but from the point of view of the objective need to sell assets, focusing on the quick sale of assets at a market price, is emphasized. In order to improve the process of valuating the assets of an insolvent bank and focusing on the quick and transparent sale of the bank’s assets, it is proposed to implement the international experience of using loss-sharing agreements into domestic practice.

The aim of the article is to identify problematic issues of valuation of property (assets) of banks that are in the process of liquidation, and substantiate proposals for the desired solution, taking into account the need to protect the rights of bank creditors. Although the bankruptcy of banks causes significant economic and moral losses, the processes of removing insolvent banks from the market, their reorganization or liquidation are constantly taking place. Therefore, regulators and banks that have been declared insolvent face many questions, including the adequate valuation of banking assets and the determination of the liquidation estate. The article discusses approaches to asset valuation and features of their application in Ukrainian practice, as well as peculiarities of the sale of assets of banks in liquidation according to the Dutch auction model. It is noted that the imperfection of management of banks’ assets in the process of their functioning leads to discrepancies in the valuation of these low-quality assets in the liquidation procedure. It is determined that the ratio between the estimated value of assets and their book value for banks declared insolvent is on average 26.2 %, and the median value is 22.3 % This leads to a number of problems, including the inability of the Deposit Guarantee Fund (DGF) to ensure the repayment of part of the bank’s liabilities, which could be repaid in case of timely acceptance of tender offers at market value. It is noted that the most liquid assets, which are real estate and property, occupy an insignificant share in the structure of the liquidation mass – about 5 %, and the conversion rate in the sale of real estate quite often reaches 200 %. It is proposed, in accordance with European practice, to empower the Fund to monitor the assets of banks in the process of their functioning. The expediency of valuating assets not from the position of doing business «as usual» but from the point of view of the objective need to sell assets, focusing on the quick sale of assets at a market price, is emphasized. In order to improve the process of valuating the assets of an insolvent bank and focusing on the quick and transparent sale of the bank’s assets, it is proposed to implement the international experience of using loss-sharing agreements into domestic practice. [ABSTRACT FROM AUTHOR]

Through documentation of the archives of notarial protocols and the Royal Chancery of Granada, the biography of the matriarch of the family Hinojosa Granada, a branch of the illustrious Granada Venegas lineage, can be outlined. This study analyses the important rural heritage acquired in a commu-nity property marriage regime of six agricultural properties of the fertile valley of Granada bordering the city. The large state consisted of 224 plots of arable land, orchards and olive groves, with more than 1,500 marshes of land, some of which were purchased from the Moriscos before 1570, and most of which from. the Royal Treasury through public auctions of confiscated and purchased Moorish assets over a period of three decades. This type of acquisition can be considered a representative example of the actions performed by the Granada oligarchy with the aim of gaining possession of these requisitioned properties. This analysis also details the income generated by this large state at the end of the sixteenth century, accounts for an increase in the number of Moorish that were either expelled from or that remained in the city of Granada and studies the agricultural landscape ac-cording to the information obtained on this large property.

Starting from the link, identified by the Spanish legislator, between the insolvency reform de mecanismo de segunda oportunidad, Rdl 1/2015, de 27 de febrero y Ley 25/2015, de 28 de julio, about the beneficio de exoneración del pasivo insatisfecho, and Ley 3a, Título XV, Partida V, Ley de las Siete Partidas, the paper aims to show the Romanistic foundations of this legislation and the pivotal role of Alfonso X in the historical implementation of a more humane treatment for honest insolvent debtors. [ABSTRACT FROM AUTHOR]

Abstract: this study aims to discribe forms of legal protection of shareholders in the company's asset sales in excess of 50% (fifty percent) of the amount of the net worth of the company without the approval of the General Meeting Of Shareholders under article 102 paragraph 4 of Act No. 40 of 2007 concerning limited liability companies as well as to know what kind of Board of Directors responsibility. The study method uses normative juridical with legislation approach. Law No. 40 of 2007 concerning Limited Liability Company provides legal protection by freeing shareholders from personal responsibility for commitments made on behalf of the Company and is not liable for losses of the Company in excess of its shares. Then the responsibility of the board of directors in running its stewardship must be based on in good faith and full of responsibility because the directors hold the fiduciary duty of the company. If the board of directors is negligent in their duties, directors may be subject to piercing the corporate viel of personal liability to personal property of the board of directors for loss received by the company, shareholders or third parties. It is used to protect the interests of the holder or the offending third party for the arbitrary or improper conduct of the board of directors conducted on behalf of the company Abstrak: Kajian ini bertujuan untuk mendeskripsikan bentuk perlindungan hukum terhadap pemegang saham dalam penjualan aset perseroan yang melebihi 50 % (lima puluh persen) jumlah kekayaan bersih perseroan tanpa persetujuan RUPS berdasarkan pasal 102 ayat 4 undang-undang nomor 40 tahun 2007 tentang Perseroan Terbatas serta untuk mengetahui bentuk tanggung Jawab direksi terhadap penjualan aset tersebut. Metode kajian menggunakan yuridis normatif dengan pendekatan perundang-undangan. Undang-Undang No.40 Tahun 2007 tentang Perseroan Terbatas memberikan perlindungan hukum dengan membebaskan pemegang saham dari tanggung jawab secara pribadi atas perikatan yang dibuat atas nama Perseroan dan tidak bertanggung jawab atas kerugian Perseroan melebihi saham yang dimilikinya, Kemudian tanggung jawab direksi dalam menjalankan kepengurusannya harus didasarkan dengan itikad baik dan penuh tanggung jawab karena direksi memegang fiduciary duty dari perseroan. Apabila direksi lalai dalam tugasnya, direksi dapat dikenakan piercing the corporate viel yaitu pertanggungjawaban pribadi sampai kepada harta pribadi direksi atas kerugian yang diterima oleh perseroan, pemegang saham, atau pihak ketiga. Hal ini digunakan untuk melindungi kepentingan pemegang saham atau pihak ketiga yang dirugikan atas tindakan direksi yang sewenang-wenang atau tidak layak yang dilakukan atas nama perseroan DOI : http://dx.doi.org/10.17977/um019v2i22017p125

The article focuses on the use of the non-plan liquidating rule under the U.S. Bankruptcy Reform Act of 1978. Topics include the restructuring of distressed companies, the protection of creditors' interests during liquidation, and the non-plan sale of assets. Information is provided on the business justification rule and how U.S. bankruptcy law has influence Chinese law.

The article focuses on the British court case In re Christophorus 3 Ltd., which dealt with pre-pack sales, a corporate restructuring plan accepted prior to a corporate bankruptcy. Topics include corporate insolvency law in Great Britain, the use of administrative orders in insolvency sales, and the sale of corporate assets.